When it comes to estate planning in Florida, one of the most common questions we hear is: What’s the difference between a will and a trust? While both are essential legal documents, they serve different purposes in protecting your assets, minor children, and your overall legacy. Estate planning ensures that your estate is managed and distributed according to your wishes after you die or become incapacitated.
The probate court plays a crucial role in ensuring the proper administration and validation of a will, upholding the testator’s wishes, and guiding the estate distribution process. In Florida, the probate process ensures that the deceased’s assets are distributed according to their wishes or state laws if there is no will.
At KWG Family Legal and Mediation Services, we believe that effective estate planning starts with understanding your options. Let’s break down the key differences between wills and trusts so you can make the right decision for your family. An estate plan generally includes multiple legal documents like a will, trust, power of attorney, and an advance healthcare directive.
What a Will Does (and Doesn’t Do)
A Last Will and Testament—often referred to simply as a “will”—is the most recognized legal document in estate planning. It allows you to:
- Name a personal representative (also called an executor)
- Appoint a legal guardian for your minor children
- Provide specific instructions for assets to be distributed
- Name designated beneficiaries
However, under Florida law, a will:
- Must go through probate, a court-supervised process overseen by the probate court
- Becomes a public record, raising privacy concerns
- Doesn’t take effect until after the person dies
- Cannot address incapacity or ongoing asset management
A will must go through probate and is subject to review by the probate court. The probate process in Florida can be time-consuming, expensive, and emotionally draining for family members—especially when no other planning is in place. Some assets require probate, while others, such as those with designated beneficiaries or jointly owned property, may not require probate and can bypass the probate process. The more detailed your estate plan, the less likely your loved ones are to have issues during probate.
The requirements for a valid will are governed by state law. If someone dies without a will, Florida’s intestacy laws determine how assets are distributed, which may not reflect the person’s wishes.
What a Trust Offers
A trust, particularly a revocable trust or living trust, offers a more flexible and private way to handle your affairs. A Florida trust is a legal arrangement that allows one party (the trustee) to manage a person’s assets for the benefit of others. Unlike a will, a trust in Florida: The distribution of assets from a trust can occur faster than from a will.
- Takes effect immediately and can function during your lifetime
- Can help you avoid probate, with the benefit of avoiding probate to keep your estate matters private
- Helps you protect assets from legal challenges
- Allows you to appoint a successor trustee to manage trust assets
- Can provide ongoing support for trust beneficiaries, even after you pass
- May offer tax advantages and long-term asset management
- A trust can skip going through probate in Florida.
Trusts provide detailed instructions for how to distribute assets to beneficiaries, allowing for more control and privacy in your estate plan.
There are two main types of trusts in Florida: revocable trusts, which can be changed during your lifetime, and irrevocable trusts, which cannot be altered but offer greater asset protection. Both play important roles in Florida estate planning.
Setting up a trust involves specific legal steps, including working with trustees who have fiduciary duties to manage the trust according to your wishes.
A comprehensive estate plan may involve two documents—a will and a trust—to ensure all assets are properly managed and distributed. Wills and trusts are both legal documents that distribute a person’s assets upon their death.
Not sure where to begin? Visit our Wills and Trusts resource page for a deeper dive into your options under Florida estate planning law.
Should You Have Both a Will and a Trust?
Yes—in many cases, having both a will and a trust is the best strategy. A pour-over will can be used to ensure any assets not titled in your trust still transfer according to your wishes. This approach creates a comprehensive estate planthat addresses both your life circumstances and any unexpected changes in your estate.
Consulting a financial advisor and a CPA can help you determine the best strategy for minimizing estate taxes and ensuring your estate plan complies with all relevant state laws.
Whether you choose a revocable trust or irrevocable trust, it must be executed properly and reviewed periodically—especially when your individual circumstances change, such as marriage, divorce, or the birth of a child.
What About Healthcare and Incapacity?
Planning for medical and financial incapacity is just as important as planning for death. Every Floridian should include these key legal documents in their plan: Effective estate planning can reduce taxes and minimize probate costs.
- A Health Care Surrogate Designation to make medical decisions
- A Durable Power of Attorney to manage financial matters
- A Living Will to outline end-of-life preferences
These tools reduce the risk of court intervention and help your loved ones avoid delays in care or asset access.
Choosing the Right Path with an Estate Planning Attorney
The main differences between wills and trusts come down to control, privacy, and how assets are handled when a person passes away. While a will is generally easier and less expensive upfront, a trust offers more long-term benefits and security. Creating a will is generally easier and less expensive than creating a trust in Florida.
At KWG Law, we’re here to help you understand the legal process, avoid the expensive process of probate, and ensure your wishes are legally protected. Whether you’re in Fort Lauderdale, Boca Raton, or elsewhere in South Florida, our estate planning attorney will help you create a plan that works—both now and for your family’s future.
👉 Ready to get started? Contact KWG Family Legal and Mediation Services or learn more about how we help with Florida wills, trusts, and healthcare documents.
