Trust vs. Will: Which Do You Need?

Few estate planning questions come up more often in Boca Raton consultations than this one: should I use a will, a trust, or both? Below we answer the worries we hear most from Palm Beach County families.

What does a Florida will actually do?

A Florida will (governed by section 732.502) directs who receives your property and names a personal representative to settle your estate. To be valid in Florida, it must be signed by you and witnessed by two people who sign in your presence. The catch most Boca Raton residents do not expect: a will does not avoid probate. It is the document a judge reads during probate, so your estate still passes through the Palm Beach County court system before assets reach your heirs.

How is a revocable living trust different?

A revocable living trust (Florida Trust Code, Chapter 736) is a private arrangement you control during your lifetime and can change at any time. Assets you formally transfer into the trust are managed by your successor trustee at death or incapacity, typically without court involvement. For many Boca Raton families, the appeal is twofold: avoiding probate and keeping the details of who gets what out of the public record, since probate filings in Florida are generally accessible to anyone.

Will a trust really keep my family out of court?

Only if it is funded. A common and costly mistake we see is a beautifully drafted trust that owns nothing because the home, bank accounts, and brokerage accounts were never retitled into it. An unfunded trust still sends assets through probate. In Florida, pairing the trust with a “pour-over” will is standard practice, so anything you forgot to transfer is caught and directed into the trust.

What about my Boca Raton homestead?

Florida’s homestead protection (Article X, Section 4 of the state Constitution) is unusually strong and comes with rules about who can inherit a primary residence when there is a surviving spouse or minor child. Placing a homestead into a revocable trust can be done, but it must be handled carefully so you do not jeopardize creditor protection or the homestead tax exemption. This is one reason a Boca Raton homeowner should not rely on a generic online template.

Does a trust override my spouse’s rights?

No. Florida’s elective share law (sections 732.2065 and following) gives a surviving spouse a right to roughly 30% of the elective estate, and that calculation reaches assets held in a revocable trust. A plan that tries to disinherit a spouse through a trust will not quietly succeed under Florida law.

So which do I actually need?

If your estate is modest and your goals are simple, a well-drafted will plus beneficiary designations may be enough. If you own a home in Boca Raton, want privacy, hold property in more than one state, or want a smoother plan for incapacity, a funded revocable trust often earns its cost. Most complete plans use both documents together rather than choosing one.

A note before you decide

Every family’s facts differ, and Florida’s homestead and elective share rules can turn a simple plan into a complicated one. Before you sign anything, speak with a licensed Florida estate planning attorney who can review your assets and goals and tailor the documents to Palm Beach County law.