When planning for the future, many Florida residents wonder whether they need a revocable living trust, a will, or both. While each tool plays an important role in estate planning, they serve different purposes under Florida law.
Understanding the differences between a revocable trust and a will can help you decide how to protect your assets, simplify administration for your family, and avoid unnecessary probate complications.
A will is a legal document that explains how your assets should be distributed after death. It also allows you to name guardians for minor children and designate a personal representative to handle your estate.
However, a will typically requires probate through a Florida court. Probate is a legal process that validates the will, pays debts, and transfers ownership of assets to beneficiaries. While probate is common, it can involve time, public filings, and court oversight.
A revocable living trust is a legal arrangement that holds your assets during your lifetime while allowing you to maintain full control. You can change or revoke the trust at any time.
When properly funded, assets inside a revocable trust generally avoid probate because the trust — not the individual — owns the property. A successor trustee can step in to manage or distribute assets without court involvement.
Many Jacksonville residents use revocable trusts to maintain privacy, streamline administration, and plan for incapacity.
Both documents can be updated during your lifetime, but a revocable trust offers more control over ongoing asset management.
In many Florida estate plans, a revocable trust works alongside a “pour-over will.” This type of will ensures that any assets not placed into the trust during your lifetime can still be directed into the trust after death.
A Jacksonville estate planning attorney can help coordinate these documents so they function together as part of a comprehensive plan.
Some individuals choose a will instead of a revocable trust when:
Florida law allows simplified probate options in certain situations, which may influence whether a trust is necessary.
Many Florida families consider a revocable living trust when they:
Because every situation is unique, the right choice depends on your financial goals and family structure.
A will is generally less expensive upfront because it is a single document. A revocable trust often requires more planning and coordination, including funding the trust and aligning related documents.
However, some Jacksonville clients choose a revocable trust to potentially reduce future probate expenses and administrative burdens for their loved ones.
Choosing between a revocable trust and a will is an important decision that affects how your estate will be handled under Florida law. Working with a local attorney can help ensure your plan reflects your goals, protects your family, and avoids common mistakes.
If you are considering a revocable trust or updating your will, contact our Jacksonville office today to schedule a consultation and explore the right strategy for your estate plan.
