The Short Answer

In Florida, a revocable living trust is a trust you can change or cancel during your lifetime, and assets that are properly titled in the trust are generally administered by the trustee after death rather than through a probate court process. By contrast, a “simple will” typically still requires a Florida probate administration to transfer assets that remain in the decedent’s individual name.

What Florida Law Says

A revocable living trust is commonly used as an estate-planning tool because it can hold assets during life and provide instructions for management and distribution at death. Florida law generally treats a trust as revocable unless it expressly says it is irrevocable, which is why many living trusts are designed to be flexible while you are alive.

The Statute

The primary law governing revocable living trusts in Florida is Fla. Stat. § 736.0602.

This statute establishes that, unless a trust states it is irrevocable, the settlor generally may revoke or amend the trust—meaning you keep control during life, while still setting up a structure that can continue seamlessly after death.

In practical terms, “funding” a trust means assets are actually transferred into the trust’s name (or otherwise made payable to the trust). When assets are not funded into the trust and remain titled in an individual’s name at death, those assets often still require probate to retitle and distribute—regardless of what the will says.

If you want a deeper comparison, see our related article: Trust vs. Will in Florida: What Are the Benefits of Each?.

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: Even if a trust is used, there may still be time-sensitive probate-related issues for assets outside the trust, and some estates qualify only for limited procedures based on value and timing (for example, Florida’s summary administration thresholds). See Fla. Stat. § 735.201.
• Burden of Proof: If there is a dispute about what assets were actually transferred to the trust (or whether a transfer was effective), the trustee or beneficiaries may need to prove ownership and intent with documentation that financial institutions will accept.
• Exceptions: Certain assets and Florida-specific rules (including homestead-related restrictions and creditor/administration issues) can change what “avoiding probate” really means in your case, even when a trust exists.

Trying to handle this alone can lead to avoidable delays, rejected transfers by banks or title companies, or a probate filing anyway—often at the worst possible time for the family.

If you are also weighing whether a will still matters with a trust, you may want to read: Is Probate Required If There Is a Will in Florida?.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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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.