The Short Answer

In Florida, a trust can offer benefits a will typically cannot—most notably, it can help assets pass outside of probate and provide ongoing management for beneficiaries. A will is still important, but it generally only becomes effective after it is admitted to probate, which can add time, court oversight, and public filings.

What Florida Law Says

Florida law recognizes that wills and trusts can work together, but they function differently. A will generally must be admitted to probate before it can be used to establish title or the right to possess the decedent’s property, while a trust can hold and administer assets under its written terms (often without the same probate process for trust-owned assets). Florida also allows a will to “pour over” assets into an existing trust, so the trust terms control how those assets are ultimately managed and distributed.

The Statute

The primary law governing this issue is Fla. Stat. § 733.103.

This statute establishes that, until a will is admitted to probate, it is ineffective to prove title to or the right to possess the testator’s property—meaning a will often requires probate court involvement before it can be used to transfer assets.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate timing and trust-related filings can matter—Florida requires certain post-death trust notices in some situations, and missing timing requirements can create avoidable disputes or liability. See, e.g., Fla. Stat. § 736.05055.
• Burden of Proof: Whether an asset is controlled by a trust, a beneficiary designation, or the probate estate often turns on documentation (deeds, account titling, trust schedules, and beneficiary forms) and how they interact at death.
• Exceptions: Some assets pass by beneficiary designation and can be payable to a trust or a trustee under a will, and the consequences for creditors and estate expenses can be different depending on how the designation is structured. See, e.g., Fla. Stat. § 733.808.

Trying to handle this alone can lead to expensive mistakes—like unintentionally forcing assets into probate, creating conflicting beneficiary designations, or triggering disputes among heirs and beneficiaries.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.