Do I Need a Trust in Florida?
Probate in Florida takes 6 months to 9 months for a simple estate and charges attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
It depends on your estate size. Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests. Above that line, probate takes 6 months to 9 months and costs about $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Florida charges attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source, plus executor fees and court costs: about $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Florida probate calculator.
Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests. Florida's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. Most estates require some form of probate administration unless assets are held in a trust or pass by beneficiary designation.
Simple estates in Florida typically take 6 months to 9 months through probate; average estates 9 months to 12 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Florida avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6 months to 9 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Florida trust vs. will comparison.
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New Baby or Adoption
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Learn moreForms for Planning Your Estate in Florida
Free forms for planning your estate in Florida: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Pour-Over Will
In Florida, a pour-over will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Last Will and Testament
In Florida, a will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyFla. Stat. § 732.502Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Florida requires 2Fla. Stat. § 765.203Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredFla. Stat. § 765.203Verified Oct 15, 2026View source.
Financial Power of Attorney
Florida requires explicit durability language for a power of attorney to survive incapacityFla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source, and it is signed before 2Fla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source witnesses and a notary.
Living Will
In Florida, the living will is the Living WillFla. Stat. ch. 765, Part III (ss. 765.301-765.309)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Florida
Free tools for planning your estate in Florida: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Florida runs $4,320Estimate: 10 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
Trust or Will: Which Costs Less?
In Florida, a will-based plan pays probate attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Florida runs $4,320Estimate: 10 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,320Estimate: 3 hours at $440, Clio's Florida Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,640Estimate: 6 hours at $440, Clio's Florida Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Florida, four years at a public university cost about $64,352NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Florida automatically revokes an ex-spouse as beneficiary at divorceFla. Stat. § 732.703Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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Florida Estate Planning Resources
In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.