If you have ever Googled “do I need a will or a trust,” you are not alone. It is one of the most common questions Vero Beach residents ask when they finally sit down to think about estate planning – and the honest answer is: it depends. Both documents serve important purposes, but they work very differently under Florida law. Understanding the distinction could save your family thousands of dollars, months of court proceedings, and a great deal of stress.
What Is a Will in Florida?
A will – formally called a “Last Will and Testament” – is a legal document that spells out who receives your property and assets after you pass away. If you have minor children, your will is also where you name a guardian to care for them.
In Florida, a valid will must be signed in the presence of two witnesses and a notary. It does not take effect until you die, and it only governs assets that are titled in your name alone and do not already have a named beneficiary.
Here is the critical thing most people do not realize: a will must go through probate. Probate is the court-supervised legal process of validating your will, paying your debts, and distributing your assets. In Florida, probate is handled through the circuit court in the county where you lived – for Vero Beach residents, that is the 19th Judicial Circuit in Indian River County.
Probate can take anywhere from six months to well over a year depending on the complexity of the estate. It is a public process, which means anyone can look up the details of what you owned and who received it. Court costs, attorney fees, and personal representative fees also reduce the amount your heirs ultimately receive.
What Is a Revocable Living Trust in Florida?
A revocable living trust is a legal arrangement in which you transfer ownership of your assets into a trust that you control during your lifetime. You are typically both the person who creates the trust (the grantor) and the person who manages it (the trustee). You can change or revoke the trust at any time as long as you are alive and have legal capacity.
When you pass away, a successor trustee – someone you chose in advance – can step in and distribute your assets directly to your beneficiaries according to the trust’s instructions. When a trust is drafted correctly this means: No court. No waiting. No public record.
Because a properly funded trust does not go through probate, your family could receive their inheritance in a matter of weeks rather than months or years.
A revocable living trust can also provide important protections if you become incapacitated. Rather than requiring a court to appoint a guardian over your finances, your successor trustee can step in and manage your affairs seamlessly.
Key Differences Under Florida Law
| Will | Revocable Living Trust | |
|---|---|---|
| Goes through probate | Yes | No |
| Becomes public record | Yes | No |
| Takes effect | At death | Immediately upon signing and funding |
| Covers incapacity | No | Yes |
| Requires court involvement | Yes | Generally no |
| Cost to set up | Generally lower upfront | Generally higher upfront |
| Cost to administer | Generally higher (probate fees) | Generally lower (no probate) |
One point that surprises many people: a trust only controls the assets that have been transferred into it. This process – called “funding” the trust – typically requires re-titling accounts, real estate, and some investments in the name of the trust. An unfunded trust is one of the most common and costly estate planning mistakes. If you create a trust but never fund it, your assets may still end up in probate.
This is exactly why working with a Florida estate planning attorney matters. Getting the documents drafted is only half the job.
Which Is Right for You?
There is no one-size-fits-all answer, but here are some general guidelines for Vero Beach and Indian River County residents.
A will may be sufficient if your estate is relatively simple, your assets already pass outside of probate (through beneficiary designations or joint ownership), and avoiding a public court process is not a priority.
A revocable living trust is often the better choice if you own real estate in Florida, you have assets in multiple states, you want to avoid the time and cost of probate, you are concerned about privacy, or you want a clear plan in place in case of incapacity.
The right answer depends on your specific assets, your family situation, and your goals. An estate planning consultation is the best way to find out what makes sense for you.
Frequently Asked Questions
How much does it cost to create a trust in Florida? The cost varies depending on the complexity of your estate and the attorney you work with. While a trust typically costs more to set up than a basic will, the savings in probate fees and court costs could make it the more affordable choice over time.
Can I write my own will in Florida? Florida does not recognize handwritten (holographic) wills. A valid Florida will must be signed in front of two witnesses and a notary. Errors in execution can invalidate the entire document, which is why working with a licensed Florida attorney is strongly recommended.
Do I need to update my will or trust after moving to Florida? Yes – if you moved to Florida from another state, it is important to have your existing documents reviewed by a Florida estate planning attorney. Other states’ laws may differ significantly, and your plan may need to be updated to work correctly under Florida law.
Ready to Create Your Florida Estate Plan?
Whether you need a will, a trust, or a complete estate plan, the Law Offices of Jennifer D. Peshke, P.A. is here to help. We work with individuals and families throughout Vero Beach and Indian River County to create customized plans that protect what matters most.
Schedule your estate planning consultation today →
Call us at 772-231-1233 or contact us online. We are proud to serve clients throughout Vero Beach, Sebastian, Fort Pierce, and the surrounding Treasure Coast communities.
This blog post is intended for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Please consult a licensed Florida attorney regarding your specific situation.
