Durable Power of Attorney in Florida: Requirements, Powers, and Limits
September 8, 2026
Florida Land Trust: Privacy, How It Works, and What It Cannot Do
September 22, 2026Not sure whether your family needs a trust or a will?
Bucelo Diaz Law compares both paths honestly at a free 30-minute consultation and quotes a flat fee before any work begins. Offices in Weston, Ocala, and Naples, serving all of Florida in English and Spanish.
A will directs the Florida probate court; a trust avoids it. That single difference drives almost every other distinction between the two documents. A will tells the court who receives your property, but your family still goes through probate, which is public and typically takes months. A funded living trust passes the same property privately, usually in weeks, and also manages your affairs if you become incapacitated. This guide compares a trust vs. a will under Florida law, shows the real cost math, and explains why most complete Florida estate plans use both.
Key Points
- A will does not avoid probate. It is the instruction manual for probate. Every asset passing under a will goes through the court process.
- A trust avoids probate only for assets titled in it. An unfunded trust protects nothing.
- Only a will can name a guardian for minor children under Florida law. A trust cannot.
- The cost comparison favors trusts for most homeowners: probate attorney fees on a $500,000 estate are presumed reasonable at $15,000 under F.S. 733.6171, while a complete trust-based plan at Bucelo Diaz Law falls within a $950 to $5,000 flat-fee range.
- Most well-built Florida plans include both: a living trust doing the heavy lifting and a pour-over will as the safety net.
What a Will Does and What a Trust Does
A last will and testament is a set of instructions to the probate court. Under Florida Statutes Chapter 732, it must be signed by you and two witnesses, and it takes effect only at death. It names the people who inherit, the personal representative who manages the estate, and, for parents of minor children, the guardian who raises them. Our Florida will attorney page covers what a will-based plan includes.
A living trust is a container you create and control during your lifetime under the Florida Trust Code, Chapter 736. You transfer assets into it, keep full control as trustee, and name a successor who steps in at your death or incapacity. Assets inside the trust never enter probate. Our guide to the living trust in Florida explains the mechanics in depth.
Trust vs. Will in Florida: Side-by-Side
| Question | Living Trust | Will |
|---|---|---|
| Avoids Florida probate? | Yes, for funded assets | No |
| Private at death? | Yes | No, filed in the public court record |
| Handles incapacity? | Yes, successor trustee steps in | No |
| Can name a guardian for minor children? | No | Yes, only a will can |
| Upfront cost | Higher | Lower |
| Cost to your family at death | Low, private administration | Probate fees, often five figures |
| Out-of-state real estate | One trust covers every state | Ancillary probate in each state |
| Requires upkeep? | Yes, new assets must be titled into it | Minimal until it is used |
The Cost Math Florida Families Should See
The honest comparison is not the upfront fee. It is the total cost across your life and your family’s experience after your death.
A will-based plan is less expensive to create. But every probate asset it governs passes through the court, and Florida Statutes 733.6171 presumes attorney fees of $15,000 as reasonable for a $500,000 estate and $23,000 for a $1,000,000 estate, before filing fees, publication costs, and the personal representative’s own compensation. Our county-by-county probate cost guide breaks down what the process costs across Florida.
A trust-based plan at Bucelo Diaz Law falls within the firm’s estate planning flat-fee range of $950 to $5,000 and up, quoted exactly at a free consultation. For a family whose home alone would push the probate estate past $500,000, the trust typically costs a fraction of the probate fees it eliminates.
When a Will Alone Is Enough
A will-based plan serves you well when probate exposure is already small: most of your assets pass by beneficiary designation (retirement accounts, life insurance, payable-on-death accounts) or joint ownership with survivorship, you own no real estate outside Florida, and privacy at death is not a concern. Parents of minor children need a will regardless, because under Florida law only a will can nominate the guardian who would raise them.
Homeowners whose single goal is passing the house outside probate have a third option worth knowing about: a Florida lady bird deed keeps one property out of probate for a fraction of the cost of a trust.
When a Trust Is the Better Answer
A living trust earns its higher upfront cost when any of these apply: you own a Florida home that would otherwise anchor a probate estate; you own real estate in more than one state; you want your affairs handled privately rather than in a public docket; you want a named successor managing things immediately if you become incapacitated; you have a blended family or want staged distributions to children rather than a lump sum; or your beneficiaries live out of state and a 12-month Florida probate would burden them. Married couples should also compare a joint trust, which coordinates both spouses’ assets in one instrument.
Why Most Complete Plans Use Both
This is not actually an either-or decision. A well-built Florida trust plan includes a pour-over will: a short will whose only job is to catch any asset left outside the trust at death and direct it into the trust, and, for parents, to name a guardian. The trust does the heavy lifting; the will is the safety net. Our Florida trust attorney page explains how the pieces of a trust-based plan work together, and what each document costs.
Frequently Asked Questions
Does a will avoid probate in Florida?
No. This is the most common misconception in Florida estate planning. A will does not avoid probate; it is the document the probate court follows. Every asset that passes under a will goes through the probate process. Assets avoid probate only by passing outside the will: through a funded living trust, beneficiary designations, survivorship ownership, or an enhanced life estate deed.
Is a trust better than a will in Florida?
Neither is better in the abstract. A trust is better when you own a home or out-of-state property, value privacy, or want incapacity protection, because it avoids probate for funded assets and lets a successor trustee act without court involvement. A will is sufficient when probate exposure is small and it is essential for naming a guardian for minor children, which a trust cannot do. Most complete Florida plans use a living trust together with a pour-over will.
Do I need both a trust and a will?
If you create a living trust, yes. Florida attorneys pair the trust with a pour-over will that catches any asset left outside the trust at death and directs it into the trust, and that names a guardian if you have minor children. Without the pour-over will, an unfunded or partially funded trust leaves those assets to pass by Florida’s intestacy statutes instead of your plan.
How much more does a trust cost than a will in Florida?
At Bucelo Diaz Law, both fall within the firm’s estate planning flat-fee range of $950 to $5,000 and up: will-based plans sit toward the lower end and complete trust-based plans toward the middle and upper portion. The gap narrows dramatically when you count what your family pays later. Probate attorney fees presumed reasonable under Florida Statutes 733.6171 reach $15,000 on a $500,000 estate, which a funded trust avoids entirely.
Can a will override a trust in Florida?
Generally, no. A will controls only probate assets: property titled in your individual name at death. Assets properly titled in a living trust are governed by the trust document and never become part of the probate estate the will controls. This is why the two documents must be drafted to work together. Conflicting instructions between an old will and a newer trust, or vice versa, are a common source of family disputes that careful drafting avoids.
About the Author
Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate planning and probate. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.
This page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Please consult a qualified Florida attorney about your specific situation.
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