Will or Trust: Which Is Better and Less Complicated for Your Family After Death?

Planning ahead for what happens to your assets after you pass away can save your loved ones a lot of stress, time, and money. In Florida, two of the most common estate planning tools are Wills and Trusts. While both allow you to direct who will inherit your property, the process and level of complexity your family will face afterward can differ greatly.

How a Will Works in Florida

A Last Will and Testament is a legal document that states who should receive your assets and who will manage your estate after your death. In Florida, even with a valid Will, your estate generally must go through probate—a court-supervised process for distributing property and settling debts.

• Pros:

  • Simple and inexpensive to create.

  • Lets you name guardians for minor children.

  • Allows you to specify your wishes for property distribution.

• Cons:

  • Probate in Florida can be time-consuming (often several months to over a year) and costly due to court fees and attorney fees.Probate is a public process, meaning your estate records are part of the public record.

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How a Trust Works in Florida

A Revocable Living Trust is a legal arrangement where you transfer ownership of your assets into the trust during your lifetime. You control the trust as the trustee, and you name a successor trustee to take over upon your death.

• Pros:

  • Avoids probate, which can save your family significant time and money.

  • Keeps your estate matters private.

  • Can provide for easier management of your assets if you become incapacitated.

  • Offers flexibility to update or change terms during your lifetime.

• Cons:

  • More costly and time-intensive to set up compared to a Will.

  • Requires you to transfer (or “fund”) assets into the trust while you are alive, which some people forget to do.

  
  

Which Is Less Complicated for Your Family?

In Florida, a properly funded Revocable Living Trust is generally less complicated for your family after your death because it avoids the probate process altogether. Without probate, your loved ones can access and distribute assets faster, with less court involvement and more privacy.

However, a Will can still be the right choice if your estate is small, straightforward, or you don’t mind your family going through probate. Some people use both—a Trust for major assets to avoid probate and a “pour-over Will” to handle anything not placed in the trust.

Final Thoughts

Every family’s situation is unique. The “better” option depends on factors such as the size of your estate, the types of assets you own, and how much you want to spare your family from court involvement after your death. In Florida, speaking with an experienced estate planning attorney can help you choose the approach that best protects your loved ones and honors your wishes.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.