Wills vs. Trusts in Florida: Which One Is Right for You?
Executive Summary: Wills and trusts each have pros and cons. Wills are simple, but they still go through probate. Trusts avoid probate and offer more control but require more setup. In Florida, where probate can be time-consuming, trusts can offer a major advantage. Your choice depends on your goals, assets, and what kind of legacy you want to leave.
Thinking about what happens after you pass away is never easy. But planning ahead gives your family protection, clarity, and peace of mind. In Florida, most estate plans start with one key question: Should you use a will or a trust? Both have their place, and understanding the pros and cons can help you make the right choice.
What Is a Will?
A will is a written document that explains how you want your assets distributed after you die. It can also name a guardian for your children and appoint someone to handle your estate.
Pros of a Will:
Simple and low-cost to create
Can name guardians for minors
Allows you to name an executor to manage your estate
Cons of a Will:
Must go through probate, which is a public court process
Takes time; usually 6 months to a year or more
May be challenged by family members
Does not help manage assets if you become incapacitated
What Is a Trust?
A trust is a legal arrangement where one person (the trustee) holds and manages property for someone else (the beneficiary). Most people use a revocable living trust, which you can change or cancel during your lifetime. After you pass away, the trust helps transfer your assets without the need for probate.
Pros of a Trust:
Avoids probate; assets pass privately and faster
Keeps your affairs private (not public record like a will)
Can plan for disability or incapacity
Helps manage property for minor children or a family with special needs
May reduce family conflict by providing clear instructions
Cons of a Trust:
More costly to set up than a will
You must retitle your assets into the trust (real estate, bank accounts, etc.)
Requires ongoing management
Which Is Better in Florida?
Florida has a lengthy and sometimes costly probate process. That makes trusts especially useful for families who want to avoid delays or keep matters private. But for smaller estates, a simple will may still be enough.
Based on Florida statutes, probate costs start at 3% for the first $1 million in assets, plus additional percentages for specific amounts beyond that. Even if your estate is only worth $300,000, probate fees start at around $9,000. A trust can help your family avoid many of those costs.
But if you have few assets or mostly beneficiary-designated accounts (like life insurance or retirement funds), a will may be all you need.
So Which Should You Choose?
You may not need to pick just one. Many people in Florida use both a will to name guardians and take care of any leftover property, and a trust to handle major assets like homes, savings, or investments.
The best choice depends on:
What kind of property you own
Who you want to leave it to
Whether you want to avoid probate
Your long-term goals for your family
Talking through your situation with a professional who understands both the legal and personal side of estate planning can help you decide what’s right for your future.
Contact The Law Office of William Robinson
Whether you’re thinking about a will, a trust, or both, the Law Office of William Robinson can help you build a plan that reflects your values and protects your family. With a strong understanding of how race, class, and justice affect real people, we’re committed to serving you with fairness, transparency, and care. Contact us today to schedule your consultation.
