Is a trust or a will better in Florida?

In Florida, probate fees are set by statute as a percentage of the gross estate (Fla. Stat. § 733.6171). For larger estates, a revocable trust avoids these fees entirely and distributes assets faster than the 6-9 month probate timeline.

How much does probate cost in Florida compared to a trust?

Probate in Florida typically costs 3-8% of the estate value in attorney fees alone (Fla. Stat. § 733.6171). A revocable trust has a one-time setup cost and no probate fees.

Can I avoid probate with just a will in Florida?

No. A will must go through probate in Florida. The state has limited simplified probate options, so most estates with a will-only plan require full probate administration (Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.).

How long does probate take in Florida?

Simple estates in Florida typically take 6-9 months through probate. Complex or contested estates can take 12-24 months or longer (Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.). A revocable trust avoids probate entirely, with assets typically distributed within weeks.

How do I estimate probate costs in Florida?

Use a state-specific probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline for Florida (Fla. Stat. § 733.402 (bond — required by default; waivable by will or court order; banks/trust companies exempt), § 733.617 (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171 (attorney compensation presumed reasonable: $1,500 flat ≤$40K; +$750 $40K-$70K; +$750 $70K-$100K; 3% $100K-$1M; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required), § 733.702 (creditor claims: later of 3 months from first publication OR 30 days from service on known creditor), § 733.710 (absolute 2-year nonclaim bar from date of death), § 733.2121 (publication once/week for 2 consecutive weeks in county newspaper), § 735.201 (summary administration: nonexempt estate ≤$75K OR decedent dead >2 years), § 735.301 (disposition without administration: nonexempt personal property ≤ funeral expenses + 60-day medical/hospital expenses; no fixed dollar cap). Re-verified 2026-05-30 via leg.state.fl.us — all statutory values and thresholds confirmed unchanged.).

How do I know if I need a trust in Florida?

Whether a trust is cost-effective depends on estate size, property types, and Florida's probate costs. A trust need assessment evaluates these factors against your specific situation.

Should You Get a Trust or a Will in Florida?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

In Florida, probate fees are set by statute as a percentage of the gross estate. For larger estates, a revocable trust avoids these fees entirely and distributes assets faster than the 6-9 month probate timeline.

Probate in Florida typically costs 3-8% of the estate value in attorney fees alone. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Florida probate calculator.

No. A will must go through probate in Florida. The state has limited simplified probate options, so most estates with a will-only plan require full probate administration.

Simple estates in Florida typically take 6-9 months through probate. Complex or contested estates can take 12-24 months or longer. A revocable trust avoids probate entirely, with assets typically distributed within weeks.

Yes. A will becomes a public court record once it enters probate in Florida. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Florida probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.

Whether a trust is cost-effective depends on estate size, property types, and Florida's probate costs. The Florida trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Florida

Florida's probate fee schedule is "presumed reasonable" but rebuttable. A will-based plan pays from that schedule (with room to negotiate); a trust-based plan doesn't pay it at all. Negotiation eats time and energy that the trust route avoids by skipping probate altogether. The Florida probate calculator shows what the schedule typically produces; the Florida will cost calculator separates that from what each provider charges to draft the will.

Florida doesn't have a flat-threshold small-estate affidavit, so the will route generally means formal probate regardless of size. A simple case still runs 6 months-9 months — that's the time a funded trust avoids.

Beyond cost, Florida probate is a public proceeding: the will, asset inventory, beneficiary identities, and distribution amounts all become court records. A trust keeps the same information private. For some families that's the deciding factor regardless of dollar math.

If the trust route fits, the Florida revocable trust builder handles the document. If you want a quick gut-check first, the trust need assessment walks through the size, complexity, and family-structure factors that swing the answer.

SimplyTrust Editorial·Updated May 30, 2026

Legal Sources

Fla. Stat. § 733.402 (bond — required by default

Data sourced from Florida statutes and official state code. How we research.

Florida Estate Planning Resources

In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.

Should You Get a Trust or a Will in Florida?

Compare probate costs, trust administration fees, and digital signing options for your state.

State

Estate Value

Florida Last Will and Testament

Florida Revocable Living Trust

Nevada Revocable Living Trust

Estimated Net to Beneficiaries

$1,170,655

Estimated Net to Beneficiaries

$1,244,375

Estimated Net to Beneficiaries

$1,244,375

Create a Revocable Trust in 15 minutes

Probate fees are typically calculated on gross estate value before deducting debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.

Frequently Asked Questions

No. A will must go through probate in Florida. The state has limited simplified probate options, so most estates with a will-only plan require full probate administration.

Use the Florida probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.

Whether a trust is cost-effective depends on estate size, property types, and Florida's probate costs. The Florida trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Florida

SimplyTrust Editorial·Updated May 30, 2026

Legal Sources

Fla. Stat. § 733.402 (bond — required by default

Data sourced from Florida statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

New Home

Your home is probably your biggest asset. Protect it like one. Property titling, trust ownership, and how to keep your home out of probate.

Learn more

Marriage

Starting a life together means planning for it. Beneficiary updates, asset titling, powers of attorney, and what blended families need to know.

Learn more