Do I Need a Will or a Trust in Florida?
When clients come to us for estate planning, one of the first questions they ask is: do I need a will or a trust? It's one of the most common points of confusion in estate planning — and understandably so. Both documents serve important purposes, but they work very differently and are not interchangeable.
The honest answer is that many South Florida families benefit from having both. But the right approach depends entirely on your situation. Here's what you need to know.
What a Will Does
A Last Will and Testament is a legal document that expresses your wishes for how your assets should be distributed after you die. It also allows you to name a guardian for minor children — one of the most important decisions any parent can make.
However, a will does not avoid probate. When you die with a will in Florida, your estate still goes through the court-supervised probate process before anything can be distributed to your beneficiaries. Depending on the size and complexity of your estate, Florida probate can take anywhere from several months to over a year. It also becomes part of the public record, meaning anyone can look up what you owned and who received it.
A will is essential — but it's often just the starting point of a complete estate plan.
What a Trust Does
A Revocable Living Trust is a legal arrangement where you transfer ownership of your assets into the trust during your lifetime. You serve as your own trustee and maintain complete control over your assets while you're alive. When you die, a successor trustee you've named steps in and distributes assets to your beneficiaries — without going through probate.
This means your family gets faster access to assets, avoids court costs, and maintains privacy. A trust is also invaluable if you become incapacitated — your successor trustee can manage your affairs without a court appointing a guardian.
The tradeoff is that a trust requires more upfront work. You must actually transfer your assets into the trust — a process called "funding" — for it to work properly. An unfunded trust is one of the most common and costly estate planning mistakes we see.
Key Differences at a Glance
Will:
Goes through probate
Becomes public record
Takes effect only at death
Names guardians for minor children
Simpler and less expensive to create
Revocable Living Trust:
Avoids probate
Remains private
Takes effect immediately upon creation
Provides incapacity protection
Requires funding and ongoing maintenance
So Which Do You Need?
For most South Florida families, a trust-based estate plan — which includes both a trust and a "pour-over" will as a safety net — provides the best protection. A trust is especially valuable if you own real estate, have significant assets, have minor children or beneficiaries with special needs, or simply want to spare your family the time and expense of probate.
A will alone may be sufficient if your estate is modest, your assets have beneficiary designations, or you're just getting started with estate planning and want a foundation to build on.
The best way to know which approach is right for you is to sit down with a Florida estate planning attorney who can evaluate your specific situation. There's no universal answer — and anyone who tells you otherwise without knowing your circumstances isn't giving you real advice.
We Can Help
At Kristen Weiss Legal, we work with individuals and families throughout South Florida — including Fort Lauderdale, Plantation, Coral Springs, Boca Raton, Miami, and surrounding communities — to create estate plans that actually work. Whether you need a simple will or a comprehensive trust-based plan, we'll guide you through every step.