If you own a home in Florida, you may be wondering whether a will is enough or if a trust is smarter. This guide explains how wills and trusts work for your house, what probate looks like in Florida, how Medicaid fits in, and when a trust makes sense.
What’s the easiest way to pass your Florida home: a will or a trust?
The simplest, fastest, and most private way is usually a trust because it avoids probate. A will must go through probate in Florida, which can take months and involve court costs and paperwork.
- Will = instructions that still require court (probate) after you pass.
- Trust = a “packed suitcase” holding your home now, so your family can receive it without probate later.
- Trust transfers are typically quicker and private; probate is public and can be slow and expensive.
What is a will, and how does it work in Florida?
A will is like an instruction manual for who gets your home, car, money, and special items after you’re gone. In Florida, a will must go through probate.
- Probate ensures debts are paid and assets are passed on according to your will.
- Probate can take months (sometimes longer) and usually costs money and time in court.
- Your family may need to work with the court, complete paperwork, and possibly hire a lawyer.
What is a trust, and how does it work for a house?
A trust is like a suitcase you pack while you’re alive. You title your house into the trust and name a trustee and beneficiaries.
- When you pass away, what’s in the trust can transfer without probate.
- The process is private, usually simple, and happens quickly.
- Your successor trustee steps in to carry out your instructions.
How does probate affect Florida homeowners?
Probate is a court process that can eat up time and money in Florida. If your biggest asset is your home, probate can feel especially burdensome.
- Public process with court oversight and filings.
- Requires time, paperwork, and often legal help.
- May delay when your family can access or transfer the home.
Why do many Floridians put their house in a trust?
Because a trust helps your family skip the long, public, and sometimes expensive probate process. This can be a big relief when your home is your main asset.
- Avoids probate delays and court costs.
- Keeps your plans and transfer private.
- Often simpler for the family at an already difficult time.
What is a revocable living trust?
A revocable living trust keeps you in control while you’re alive. You can change it, add or remove property, or even revoke it.
- You’re usually the trustee during your lifetime.
- Day-to-day, nothing really changes for you.
- You can still sell or refinance your house.
- After you pass, your successor trustee takes over to carry out your wishes.
What is an irrevocable trust, and who uses it?
An irrevocable trust is harder to change—you give up control once your house is in. Some people use it for specific reasons like Medicaid planning.
- Not easily changed; you can’t just take the house back out.
- Used in special situations; most people who want flexibility choose a revocable living trust.
Does putting my Florida home in a revocable trust protect it from Medicaid?
No. Placing your home in a revocable living trust does not protect it from Medicaid in Florida. Medicaid has a look-back period and still treats those assets as yours.
- Only certain irrevocable trust strategies, planned years ahead, can sometimes shield property.
- If nursing home costs or Medicaid worry you, talk to a Medicaid planning professional early to understand risks and options.
How much do wills and trusts cost in Florida, and how long do they take?
A trust usually costs more upfront but can save your family time and money later by avoiding probate. A will may cost less now but often leads to court costs and delays.
- Simple will: may cost a few hundred dollars.
- Basic revocable living trust: about $1,000–$2,500 (sometimes more if complex), plus a small fee to retitle your house into the trust.
- With a will: probate can take months and involve court and legal fees.
- With a trust: transfers are typically quicker and private.
Will vs. Revocable Trust (Florida Homeowners)
| Topic | Will | Revocable Trust
|
|---|---|---|
| Court after death | Probate required | Typically avoids probate |
| Privacy | Public process | Private transfer |
| Upfront cost | Usually a few hundred | About $1,000–$2,500+ |
| Timing | Can take months | Usually faster |
| Control during life | Full control | Full control; can still sell/refinance |
When might a simple will be enough?
If you don’t own a house or your financial accounts already have beneficiaries, a simple will may be just fine. For some families with a single home and not much else, a well-written will plus beneficiary designations on all accounts can keep things simple.
- No house or very straightforward assets.
- Accounts already have named beneficiaries (like life insurance or certain retirement accounts).
- You want a simple, lower-cost plan and accept probate.
What special instructions can a trust include for your family?
A trust lets you write detailed instructions to protect loved ones and your home. You can tailor timing and conditions.
- Plan for who inherits if you and your children pass together.
- Address concerns like addiction or money management.
- Protect young kids by delaying distributions until they’re ready.
- Hold or sell the house based on your directions.
Do you still need a will if you have a trust?
Yes—use a “pour-over will” as a safety net. If you forget to move something into your trust, the pour-over will tells the court to place those leftover items into the trust.
- Keeps your overall plan neat and tidy.
- Captures assets not already titled in your trust.
Can you sell or refinance your house if it’s in a trust?
Yes. With a revocable living trust, day-to-day nothing really changes—you can still sell or refinance your home.
- You are usually the trustee while you’re alive.
- You keep control and flexibility over your property.
What’s the bottom line for Florida homeowners?
Wills are instructions that require probate; trusts are packed suitcases that let your family skip probate. If your house is your main asset or you value privacy, speed, and control, a trust can provide peace of mind.
- Trusts often save time, money, and stress later.
- Medicaid concerns? A standard revocable trust won’t protect your home—special planning may be needed.
- The right choice depends on your assets, family, and wishes.
FAQ: Florida Wills, Trusts, Homes, and Probate
Is a will enough to pass my Florida house?
It can be, but it will go through probate, which takes time and involves court costs and paperwork.
Why would I put my house in a trust?
To avoid probate, keep things private, and make the transfer simpler and faster for your family.
What’s the main difference between a will and a trust?
A will is an instruction manual that still requires probate; a trust is a “packed suitcase” that lets your family skip probate.
How long does probate take in Florida?
It can take months, sometimes longer, and usually costs time and money in court.
Can I change a revocable living trust?
Yes. You can change it, add or remove property, or even revoke it while you’re alive.
Will a revocable trust protect my home from Medicaid?
No. Medicaid still treats those assets as yours. Only certain irrevocable strategies planned years ahead may help.
How much does a trust cost compared to a will?
A simple will may be a few hundred dollars; a basic revocable living trust is about $1,000–$2,500 or more if complex, plus a small fee to update the title to your home.
Do I still need a will if I have a trust?
Yes—a pour-over will acts as a safety net for anything not already in your trust.
When might a trust not be necessary?
If you don’t own a house or your accounts already have beneficiaries and your situation is straightforward, a simple will may be fine.
Can a trust include special rules for kids or unique family needs?
Yes. You can hold or sell the house, delay distributions, and plan for issues like simultaneous deaths or addiction concerns.
Protecting Your Family Is a Phone Call Away
Don’t leave planning for your future and that of your loved ones to chance. All it takes is one phone call to SJF Law Group to ensure that your wishes will be followed, and your loved ones taken care of when you are gone.
We guide individuals through the complex probate process and handle all aspects of the creation, administration, and settlement of trusts. When you work with the estate planning attorneys at SJF Law Group you get more than just an estate plan: you get peace of mind.
Call us at 954-580-3690 or email us at info@estateandprobatelawyer.com today.