Revocable Living Trusts in Florida
How revocable living trusts work under Florida law and the other ways to pass property without probate.
Short answer: Florida has adopted the Uniform Trust Code as the Florida Trust Code (Chapter 736). A trust is revocable unless its terms expressly make it irrevocable. Fla. Stat. §§ 736.0403, 736.0602
| Revocable living trust | Florida has adopted the Uniform Trust Code as the Florida Trust Code (Chapter 736). A trust is revocable unless its terms expressly make it irrevocable. Important Florida formality: for a settlor who lives in Florida when signing, the parts of a revocable trust that dispose of property at death are invalid unless the trust is signed with the same formalities as a will (signed at the end before two attesting witnesses). Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may require probate or summary administration. Source: Fla. Stat. §§ 736.0403, 736.0602 |
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| Ways to avoid probate | Non-probate options in Florida include: pay-on-death bank accounts (Fla. Stat. § 655.82); transfer-on-death registration of securities (Fla. Stat. § 711.50 and following); property in a funded revocable trust signed with will formalities (Fla. Stat. §§ 736.0403, 736.0602); joint ownership with right of survivorship and tenancy by the entirety; and summary administration when the estate subject to administration, less exempt property, is worth no more than $150,000 (raised from $75,000 by ch. 2026-57, Laws of Florida) or the decedent died more than two years ago (Fla. Stat. § 735.201). Florida has no statutory transfer-on-death deed; owners sometimes use an enhanced life estate ("Lady Bird") deed, which is not defined by statute. |
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FAQ
How do living trusts work in Florida?
Florida has adopted the Uniform Trust Code as the Florida Trust Code (Chapter 736). A trust is revocable unless its terms expressly make it irrevocable. Important Florida formality: for a settlor who lives in Florida when signing, the parts of a revocable trust that dispose of property at death are invalid unless the trust is signed with the same formalities as a will (signed at the end before two attesting witnesses). Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may require probate or summary administration.
How can you avoid probate in Florida?
Non-probate options in Florida include: pay-on-death bank accounts (Fla. Stat. § 655.82); transfer-on-death registration of securities (Fla. Stat. § 711.50 and following); property in a funded revocable trust signed with will formalities (Fla. Stat. §§ 736.0403, 736.0602); joint ownership with right of survivorship and tenancy by the entirety; and summary administration when the estate subject to administration, less exempt property, is worth no more than $150,000 (raised from $75,000 by ch. 2026-57, Laws of Florida) or the decedent died more than two years ago (Fla. Stat. § 735.201). Florida has no statutory transfer-on-death deed; owners sometimes use an enhanced life estate ("Lady Bird") deed, which is not defined by statute.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.