{"id":1451,"date":"2026-10-17T03:33:06","date_gmt":"2026-10-17T03:33:06","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/professional-trustee-and-executor-services\/is-it-better-to-have-a-will-or-a-trust-in-florida\/"},"modified":"2026-11-04T00:41:00","modified_gmt":"2026-11-04T00:41:00","slug":"is-it-better-to-have-a-will-or-a-trust-in-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/professional-trustee-and-executor-services\/is-it-better-to-have-a-will-or-a-trust-in-florida\/","title":{"rendered":"Is It Better to Have a Will or a Trust in Florida?"},"content":{"rendered":"\n
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Trusts & Estates | Coral Gables, Florida<\/p>

Will or Trust? Choose the Plan That Fits Your Florida Estate<\/h1>
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Marenco \u00b7 Published October 16, 2026<\/p>\n\n

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Neither a will nor a trust is better in every case. The right choice depends on the governing instrument, applicable Florida law, and the facts of your estate. This guide explains how each document works, where they differ, and how many Florida families use both. Trust Counsel, PL is a trusts and estates law firm with its only office in Coral Gables, Florida.<\/p>\n

The short answer: a will or a trust depends on the estate<\/h2>\n

Neither document is better for everyone. A will and a trust do different jobs, so the answer to whether you need one, the other, or both depends on your situation. A person with a few accounts and a simple family may need little more than a will. A person who owns a home, a business interest, or property that a family member may need help managing may also look at a trust.<\/p>\n

Some estate plans use both documents together, depending on the governing instrument, applicable Florida law and the facts of each case. One possible pattern is a revocable trust that holds major assets, paired with a will that catches anything left outside the trust. The choice is often less about which document sounds more formal. It is more often about how assets pass, who manages them, and what happens if you can no longer manage your own affairs.<\/p>\n

This page supports our overview of professional trustee services. Trust Counsel’s attorney, Leslie V. Marenco, advises and represents clients on these questions, depending on the governing instrument, applicable law and the facts of each case. The firm itself does not serve as a fiduciary.<\/p>\n\n

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What a will does in Florida<\/h2>\n

A will is a written document that generally takes effect at death. Under Fla. Stat. \u00a7 732.502<\/a>, a will is generally required to be in writing, although exceptions and alternatives may apply depending on applicable law and the facts of each case. The person making it must sign at the end, or have another person sign in their presence and at their direction.<\/p>\n

Florida’s execution rules for a will generally involve attesting witnesses, but the requirements can depend on applicable law and the facts of each case, including whether the testator acknowledges a signature before the witnesses and whether other execution provisions apply. Those witnesses must sign the will in the presence of the person making it and in the presence of each other. Florida’s self-proving will procedure is addressed in Fla. Stat. \u00a7 732.503<\/a>, and whether self-proving a will affects probate depends on applicable law and the facts of each case.<\/p>\n

A will often names a personal representative (often called an executor) to handle the estate. The personal representative’s authority depends on the will, Florida law, and any court order. A will alone does not move property automatically. Under Fla. Stat. \u00a7 733.103<\/a>, a will is ineffective to prove title until it is admitted to probate. Assets titled only in the decedent’s name generally go through probate. The scope and timing of probate depend on the estate and applicable law.<\/p>\n

What a trust does in Florida<\/h2>\n

A trust is an arrangement in which a person, called the settlor, transfers property to a trustee. The trustee holds and manages that property under the trust’s terms. Under Fla. Stat. \u00a7 736.0401<\/a>, a trust may be created by transferring property to a trustee during the settlor’s lifetime. It may also be created by a will or other disposition that takes effect at death.<\/p>\n

Whether the settlor may revoke or amend a trust depends on the trust instrument, the date the trust was created, applicable Florida law and the facts of each case, as addressed in Fla. Stat. \u00a7 736.0602<\/a>. The capacity needed to create or amend a revocable trust is the same as the capacity needed to make a will, under Fla. Stat. \u00a7 736.0601<\/a>.<\/p>\n

A trust’s terms may address management during the settlor’s life, incapacity, and distribution after death. What a trustee must or may do depends on the governing trust instrument and applicable Florida law. A trustee holds and manages trust property. A beneficiary holds an interest in it. Those roles can overlap, but the trust terms set the scope of each.<\/p>\n

Who controls the assets in a trust?<\/h2>\n

Property titled in a trust is generally managed by the trustee under the trust instrument. A settlor who also serves as trustee may keep day-to-day control during life. Whether that is true depends on the trust’s terms.<\/p>\n

If a trustee cannot act, the trust may name a successor. Under Fla. Stat. \u00a7 736.0704<\/a>, a vacancy in a noncharitable trusteeship that must be filled is filled first by a person named in the trust. If none is named, the qualified beneficiaries may agree unanimously on a person. If they do not, the court may appoint one. Section 736.0704(3) sets out an order of priority for filling a required vacancy, and how that order applies to the facts of each case depends on applicable law.<\/p>\n

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. The firm itself does not serve in either role. Florida’s Office of Financial Regulation separately addresses family trust companies<\/a>, a licensing program for those providers.<\/p>\n\n

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Key differences between a will and a trust<\/h2>\n