Do I Need a Trust in Florida?

Florida sets probate fees by statute as a percentage of the gross estate value.Fla. Stat. § 733.6171Verified Jul 15, 2026 Combined attorney and executor fees can total 4-10% of the estate. A trust eliminates these costs. See a detailed breakdown with the Florida probate calculator.

Florida has limited simplified probate options.Fla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-07-14 by live fetch of the Ch. 733 and Ch. 735 statute pages on leg.state.fl.us and the enrolled chapter law Ch. 2026-57 at laws.flrules.org/2026/57 (act § 14: "This act shall take effect July 1, 2026"). Codified republication on leg.state.fl.us still printed the pre-2026 figures ($75,000 / $2,500 / $1,000 / $10,000) on 2026-07-14; the chapter law controls.Verified Jul 15, 2026 Most estates require some form of probate administration unless assets are held in a trust or pass via beneficiary designations.

Simple estates in Florida typically take 6-9 months through probate. Complex estates with disputes or multiple properties can take 12-24 months or longer.Fla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-07-14 by live fetch of the Ch. 733 and Ch. 735 statute pages on leg.state.fl.us and the enrolled chapter law Ch. 2026-57 at laws.flrules.org/2026/57 (act § 14: "This act shall take effect July 1, 2026"). Codified republication on leg.state.fl.us still printed the pre-2026 figures ($75,000 / $2,500 / $1,000 / $10,000) on 2026-07-14; the chapter law controls.Verified Jul 15, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

A properly funded revocable trust in Florida avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6-9 month minimum probate timeline. Assets in the trust transfer directly to beneficiaries.

A will goes through probate in Florida; a trust does not. Probate adds cost, time, and public disclosure. Compare the full trade-offs with the Florida trust vs. will comparison.

The Florida probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Florida statutes and your estate value.Fla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-07-14 by live fetch of the Ch. 733 and Ch. 735 statute pages on leg.state.fl.us and the enrolled chapter law Ch. 2026-57 at laws.flrules.org/2026/57 (act § 14: "This act shall take effect July 1, 2026"). Codified republication on leg.state.fl.us still printed the pre-2026 figures ($75,000 / $2,500 / $1,000 / $10,000) on 2026-07-14; the chapter law controls.Verified Jul 15, 2026