Estate planning can feel like a maze of legal terms and paperwork but it doesn’t have to be. The most common question we hear at Trust Counsel is: “Do I really need a trust, or will a simple will do?”

If you’re living in Florida, the answer depends on what you want for your family, and how much time (and money) you want them to spend in probate court. Let’s break it down in plain English:

What’s the Difference Between a Will and a Trust in Florida?

A will and a trust are both tools that determine who inherits your property when you pass away, but they work very differently.

A Will

A will is a written document that names your beneficiaries, appoints an executor (called a personal representative in Florida), and can even designate guardians for your minor children.

The catch? A will only takes effect after your death and must go through probate — a court-supervised process that validates the will and oversees asset distribution.

In Florida probate, this process can last anywhere from six months to over a year, depending on the complexity of your estate.

A Trust

A revocable living trust, on the other hand, takes effect as soon as it’s signed and funded. It holds ownership of your assets while you’re alive and seamlessly transfers them to your chosen beneficiaries when you pass, without probate.

You remain in control of your assets as the trustee during your lifetime and can change or revoke the trust at any time.

The Key Difference: Probate

Simply put, a will guarantees probate; a properly funded trust avoids it. So, why do so many Floridians choose trusts over wills? Let’s look at three key reasons.

1. Probate Is Public. Trusts Are Private

In Florida, probate filings are public record. That means anyone can see your will, your assets, and who inherits what. Trusts, however, remain private documents. If you value discretion or want to protect your family from unwanted attention, a trust offers that peace of mind.

2. Trusts Streamline Multi-State Property Transfers

Many Florida residents own vacation homes or investment properties in other states. With only a will, each property outside Florida might require its own ancillary probate (a separate court process). Holding those properties in a trust avoids that extra step entirely.

3. Incapacity Planning Matters Too

A will does nothing while you’re alive. If you become incapacitated, your trustee can manage your assets without court intervention. Without a trust, your family might need to petition for guardianship, a lengthy and emotional process.

When a Will Might Be Enough

Choose a will if:

• •  You have minimal assets (under $75,000 in non-exempt property).
• • You’re comfortable with your estate going through probate.
• • You primarily need to name guardians for young children.
  
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When a Trust Makes More Sense

Choose a trust if:

• • You own property in multiple states or have a Florida home worth protecting.
• • You want your family to avoid probate delays and costs.
  
• • You want privacy and smoother management if you become incapacitated.
  
• • You prefer to set clear rules for how and when your beneficiaries inherit.
  
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Pro Tip: Many families use both, a revocable trust for their major assets and a pour-over will to capture anything that wasn’t transferred into the trust before death.

Don’t Forget the Supporting Documents

A complete Florida estate plan also includes:

• • Durable Power of Attorney
• • Health Care Surrogate Designation
• • HIPAA Release
• • Living Will

These ensure your finances and healthcare decisions stay in the hands of people you trust if you can’t make them yourself.

The Bottom Line

The difference between a will and a trust can mean the difference between a few months of paperwork or years of probate frustration for your loved ones. The good news? You don’t have to figure it out alone.

At Trust Counsel, we help Florida families design estate plans that fit their goals,  whether that means a simple will or a comprehensive trust-based plan. Ready to plan your estate with confidence?