Florida Trust Law

Does a living trust in Florida have to go through probate?

A properly funded revocable living trust in Florida generally does not go through probate — assets held in the trust pass directly to beneficiaries without court involvement. The key word is 'funded': if you create a trust but never transfer your assets into it, those assets may still be subject to Florida's probate process. Florida does have a simplified probate procedure for smaller estates, but a funded trust sidesteps that process entirely, which can save families significant time and keep the transfer of assets private. Understanding how Florida's execution requirements work — including the need for two witnesses and a notary — is an important part of setting up a trust that functions as intended.