How to Create a Trust in Florida

Creating a trust in Florida requires drafting a trust agreement, signing it before two witnesses and a notary, and transferring assets into the trust. Most Florida residents who create a trust are establishing a revocable living trust to avoid probate, maintain privacy, and plan for incapacity.

Decide on the Trust Structure

A revocable living trust in Florida can be set up as an individual trust or a joint trust. Unmarried individuals create individual trusts. Married couples choose between a single joint trust that holds both spouses’ assets or two separate individual trusts.

A joint trust is simpler for married couples who own most assets together. Both spouses are co-trustees, and the trust holds all property in one document. A joint trust works well when both spouses share the same beneficiaries and distribution plan.

Separate trusts may be appropriate when spouses have children from prior marriages, when one spouse has more creditor exposure than the other, or when estate tax planning requires assets to be held separately.

Choose the Key Roles

A revocable living trust in Florida requires four roles: a grantor, a trustee, a successor trustee, and at least one beneficiary.

Grantor. The grantor is the person who creates and funds the trust. In a revocable living trust, the grantor retains full control and can amend or revoke the trust at any time during their lifetime.

Trustee. The trustee manages trust assets according to the trust terms. In most revocable living trusts, the grantor is the initial trustee. Married couples typically act as co-trustees of a joint trust. Naming yourself as trustee means nothing changes in how you manage your assets day to day.

Successor trustee. The successor trustee takes over when the grantor dies or becomes incapacitated. The successor trustee will manage trust assets, pay debts, and distribute property to beneficiaries without court supervision. Pick someone trustworthy, financially responsible, and willing to serve. A corporate trustee, such as a bank trust department or professional fiduciary, is an option for larger or more complex estates.

Beneficiaries. Beneficiaries are the people or entities who receive trust assets after the grantor’s death. The trust agreement specifies who receives what, when, and under what conditions. Assets can be distributed outright, held until beneficiaries reach specified ages, or managed in ongoing trusts that protect minor children or beneficiaries with special needs.

Draft the Trust Agreement

The trust agreement is the legal document that creates the trust and sets out all of its terms. Florida Statute § 736.0402 requires a lawful purpose, ascertainable beneficiaries, and a trustee with duties to perform. The document must be in writing for any trust that holds real property.

A typical trust agreement covers the grantor’s power to amend or revoke, the successor trustee’s authority when the grantor dies or becomes incapacitated, and named distributions directing particular assets to particular beneficiaries. It also addresses the residuary distribution plan, provisions for minor beneficiaries, and spendthrift provisions that protect beneficiaries’ interests from their creditors.

The trust agreement must be signed by the grantor, witnessed by two people, and notarized. Florida law requires the same execution formalities as a will: two witnesses who sign in the grantor’s presence and in each other’s presence, plus notarization. The witnesses cannot be beneficiaries of the trust.

Fund the Trust

A trust that exists only on paper protects nothing. The trust must be funded—assets must be transferred into the trust’s name—for it to serve any purpose. Any asset still titled in the grantor’s individual name at death will require probate regardless of what the trust agreement says.

Real estate. Transfer real property by recording a deed from your individual name (or joint names) to the trust. The deed must include the full legal description and be recorded in the county where the property is located. For homestead property, the deed must include language preserving the property tax exemption and the Save Our Homes cap on assessed value. An improperly drafted deed can reset the county’s assessed value to current market value, increasing property taxes substantially. Some counties also require an affidavit confirming the transfer is to the grantor’s own trust.

Bank and brokerage accounts. Contact each financial institution to retitle the account in the trust’s name. The account will be held as “[Grantor Name], Trustee of the [Trust Name] dated [Date].” Some institutions have their own forms for this process.

Business interests. LLC membership interests are transferred by assigning the interest to the trust and updating the operating agreement. Corporate stock is transferred by issuing new certificates or updating the stock ledger. Partnership interests require an assignment and may require consent of other partners.

Retirement accounts. IRAs, 401(k) plans, and other qualified retirement accounts cannot be retitled in the name of a trust during the account holder’s lifetime. Transferring a retirement account to a trust triggers a full taxable distribution. Instead, the trust can be named as the beneficiary of the retirement account, though this may affect the beneficiary’s ability to stretch distributions over their lifetime. A tax advisor can help structure the designation.

Life insurance. A life insurance policy is not retitled to the trust. Instead, the trust can be named as the beneficiary, which ensures the proceeds are distributed according to the trust terms rather than directly to an individual.

Create a Pour-Over Will

A pour-over will catches any assets not transferred to the trust during the grantor’s lifetime. It directs that all remaining individually owned assets be transferred into the trust through probate after death. The trust terms then control how those assets are distributed.

A pour-over will is also the only way to name a guardian for minor children, which a trust cannot do. Every trust-based estate plan should include a pour-over will. Whether a will or a trust is the primary tool depends on estate size, privacy concerns, and how much control the grantor wants.

Prepare Supporting Documents

A durable power of attorney, health care surrogate designation, and living will round out a trust-based estate plan. These documents handle situations that fall outside the trust itself.

A durable power of attorney grants authority to a designated agent to handle financial matters outside the trust, including filing tax returns, managing retirement accounts, and dealing with government agencies. The power of attorney takes effect if the grantor becomes incapacitated, or immediately depending on how it is drafted.

A health care surrogate designation names someone to make medical decisions on the grantor’s behalf during incapacity. A living will (advance directive) states the grantor’s wishes regarding life-prolonging treatment if they are terminally ill or in a persistent vegetative state.

Can You Create a Trust Without an Attorney?

Florida law does not require an attorney to create a trust. Online services and template-based options are available for $200 to $500. However, creating a trust involves drafting decisions and technical details where errors are not apparent until after death—when it is too late to fix them.

Self-prepared trusts commonly fail in predictable ways. The trust never gets funded because nobody explains which assets need to be retitled. The execution is defective—a missing witness or missing notarization renders the trust invalid under Florida law. The homestead deed resets the property tax assessment. Or the trust terms conflict with Florida’s required distribution rules for surviving spouses.

A trust prepared by an attorney typically costs $1,500 to $4,500 and includes the trust agreement, pour-over will, power of attorney, health care surrogate, and living will. The attorney also handles funding guidance and, in most cases, the deed to transfer real estate into the trust. The cost of correcting a defective trust—or the cost of probate when the trust fails—generally exceeds the attorney fee.