WILL VS. TRUST IN FLORIDA: WHICH ESTATE PLAN DO YOU NEED?

By Cynthia Arevalo, Esq., Florida Estate Planning, Elder Law & Probate Attorney | Updated October 2026

If you are deciding between a Will and a Revocable Living Trust in Florida, the key difference is simple: a Will does not avoid probate. Assets properly transferred to a Revocable Living Trust can generally be managed by your successor Trustee without probate.

Does a Will Avoid Probate in Florida?

A Will tells the probate court who should receive your probate assets and who you want to serve as Personal Representative. It is an important estate planning document, but assets controlled by the Will generally still go through Florida probate.

When Can a Revocable Living Trust Help?

A Revocable Living Trust can help avoid probate for assets properly transferred into the Trust during your lifetime. It can also be useful if you own real estate, want more privacy, need incapacity planning, or want to control when and how beneficiaries receive an inheritance.

Creating the Trust is only half the job. It must be properly funded. If your house, bank accounts, or other assets remain outside the Trust, some may still end up in probate.

Do You Actually Need a Trust?

Not everyone does. Beneficiary designations, survivorship ownership, a Will, and good incapacity planning may accomplish what some families need.

The goal is not simply to have documents. It is to make sure your Will, Trust, property ownership, beneficiary designations, and incapacity documents all work together so your assets pass the way you intend.

Need Help Choosing the Right Florida Estate Plan?

At Arevalo Law P.A., we help families in Hollywood, Broward County, and throughout Florida create and review estate plans based on their property, family circumstances, and long-term goals. Contact our office to schedule a Florida estate planning consultation and make sure your plan will work when your family needs it.