The Short Answer

In Florida, you generally can create a revocable living trust during your lifetime, but it must be created in a legally recognized way and (for key provisions that control what happens at death) it often must be signed with the same formalities as a Florida will. The biggest risk is that a do-it-yourself trust can be valid on paper but still fail to accomplish your goals because of execution defects, capacity challenges, or mismatched asset titling.

What Florida Law Says

Florida law recognizes several ways to create a trust, including transferring property to a trustee during your lifetime or declaring that you hold specific, identifiable property as trustee. For a revocable trust, Florida also ties important requirements to will-like standards—especially when the trust controls who receives property at or after death.

The Statute

The primary law governing this issue is Fla. Stat. § 736.0403.

This statute establishes that while certain trusts can be valid if they comply with another jurisdiction’s law, a Florida domiciliary’s revocable trust provisions that dispose of property at or after death (its “testamentary aspects”) are generally invalid unless the trust is executed with the same formalities required for a Florida will.

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: If the trust is later challenged after death, timing can become critical—execution and validity issues often surface when beneficiaries or creditors act quickly.
• Burden of Proof: Disputes commonly turn on whether the settlor had the required capacity and whether the document was executed with the correct formalities for its death-time provisions.
• Exceptions: Florida treats certain assets and arrangements differently (for example, some retirement-related trusts are carved out under the statute), and real-estate-related requirements can also change the analysis.

Trying to handle this alone can lead to an unenforceable plan, unintended probate, family conflict, or a trust contest that drains the estate.

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.