Florida Living Trust Template

A living trust created in Florida allows the grantor to transfer assets into a trust during their lifetime, naming a trustee to manage those assets and a successor trustee to distribute them to beneficiaries after death — all without going through Florida's probate process. Under Florida Trust Code, Florida Statutes Chapter 736, Florida governs the creation, administration, and termination of revocable living trusts. Florida is a equitable distribution state (not community property) — a distinction that directly affects how marital assets are titled in the trust. In Florida, summary administration available for estates under $75,000 or where decedent died 2+ years ago, making a living trust particularly valuable for estates that exceed this limit. Regarding taxation, Florida has no state estate tax or inheritance tax — constitutionally prohibited.

Without a living trust, Florida estates may face a lengthy and expensive probate process. In Florida, probate costs typically include attorney fees based on "reasonable compensation" — typically 3-5% of probate estate value. No trust registration required in Florida. Every asset must be formally re-titled in the trust's name — an unfunded living trust provides no probate avoidance. A complete estate plan pairs a living trust with a pour-over will and a power of attorney for lifetime incapacity protection.