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Revocable Living Trusts in Florida

Revocable living trusts in Florida are governed by the Florida Trust Code (ch. 736). A funded revocable trust lets assets pass outside probate. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including two witnesses — to be valid (Fla. Stat. § 736.0403).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Florida attorney about how these rules apply to your situation.

A revocable living trust is the most common way Floridians keep their estate out of probate. It’s a legal container you create, move your assets into, and control during your lifetime.

How it works

  • You (the settlor) create the trust and usually serve as the initial trustee, keeping full control of the assets while you’re alive.
  • You name a successor trustee to take over when you die or become incapacitated.
  • At your death, the successor trustee distributes the assets to your beneficiaries under the trust’s terms.

Because the trust — not you personally — holds title, a funded revocable trust lets those assets pass outside probate (Florida Trust Code, chapter 736).

The two-witness execution rule

Florida treats a revocable trust’s death-time terms like a will. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including at least two witnesses — to be valid (Fla. Stat. § 736.0403). This mirrors the will formalities.

Funding the trust — the step people miss

A trust only avoids probate for assets actually transferred into it (retitling your home, accounts, and the like). Anything left in your own name can still end up in probate. That’s why a trust is paired with a pour-over will as a backup, and often with other non-probate transfers.

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Frequently asked questions

Does a living trust avoid probate in Florida?
Yes. Assets properly transferred into a funded revocable living trust pass to your beneficiaries outside probate, because the trust — not you personally — holds title (Florida Trust Code, ch. 736).
Does a Florida revocable trust need witnesses?
Its testamentary provisions do. The testamentary terms of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including at least two witnesses — to be valid (Fla. Stat. § 736.0403).
Do I still need a will if I have a living trust?
Usually yes. A 'pour-over will' acts as a backup that directs any assets you didn't transfer into the trust, and it can name guardians for minor children.

Sources

Related guides

  • Avoiding Probate in Florida In Florida, assets that pass outside probate include jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death and transfer-on-death accounts, and a funded revocable trust (ch. 736). Homestead generally passes outside the probate estate and is constitutionally protected from most creditors, though devise is restricted when there's a surviving spouse or minor child (§ 732.4015).
  • Florida Advance Directives: Health Care Surrogate & Living Will Under chapter 765, a Florida health care surrogate designation (§ 765.202) must be written and signed before two adult witnesses (at least one not the spouse or a blood relative; the surrogate can't be a witness). The principal may let the surrogate act immediately. A living will (§ 765.302) has the same two-witness requirement.
  • Florida Intestate Succession: Who Inherits Without a Will If you die without a will, Fla. Stat. § 732.102 sets the spouse's share: the spouse takes the entire estate if there are no descendants, or if all descendants are shared and the spouse has no others; the spouse takes one-half if there are non-shared descendants on either side. The rest passes to descendants, then parents, then siblings (§ 732.103). A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).
  • Florida Power of Attorney: Durable, Witnessed & Effective Now Under the Florida Power of Attorney Act (ch. 709), a POA is 'durable' (survives incapacity) only if it contains the statutory durability language (§ 709.2104). It must be signed by the principal, by two subscribing witnesses, and acknowledged before a notary (§ 709.2105). Florida no longer allows 'springing' POAs executed on or after Oct. 1, 2011 — a POA is exercisable when signed (§ 709.2108).
  • Florida Wills: Requirements & How They Work A valid Florida will must be in writing, signed by the testator at the end, and signed by at least two witnesses in the presence of the testator and each other (Fla. Stat. § 732.502). Florida does not recognize holographic (unwitnessed handwritten) or oral wills. A self-proving affidavit can avoid witness testimony at probate (§ 732.503).

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