Do I Need a Will if I Have a Trust in Florida? 2026

By Bill Preston

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Estate Planning

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Last Modified on Feb 12, 2026

Estate planning can be a complicated and daunting process. If you’ve found yourself overwhelmed or confused by the terminology and particulars, you are not alone. If you are a Floridian in the process of estate planning, you may be asking yourself: Do I need a will if I have a trust in Florida? The answer may be more straightforward than you think.

If you need guidance from a New Smyrna Beach estate planning lawyer, getting help early can make the process much clearer and less stressful.

What Is a Trust?

A trust is a legally binding document that transfers ownership of certain assets to a third party so they can ultimately be passed to beneficiaries. The most common context for establishing a trust is estate planning, and for good reason. Trusts are a powerful tool for protecting assets and making sure that your money and property go where you want them to go after your death.

A trust can be revocable or irrevocable. For most people who are setting up a trust as part of their estate plan, a revocable trust makes the most sense. In a revocable trust, you can place certain assets in the trust, but you still have access to and control over those assets for as long as you are alive. On the other hand, in an irrevocable trust, the assets you put into the trust immediately pass out of your control when you enact the agreement.

Generally, trusts are an attractive tool for people in the process of estate planning because they usually allow assets to pass from one person to another without going through the process of probate and without being subject to inheritance taxes. Irrevocable trusts can also reduce the burden of estate taxes in general, since the owner loses access to the assets upon enacting the trust.

What Is a Will?

A last will and testament, otherwise simply referred to as a will, is a document containing instructions for how a person wants their estate to be divided upon their death. Wills can be very simple, even bequeathing all property to one person or entity, or they can be exceptionally long and complex, to the point of accounting for every object a person owns.

The purpose of a will is to direct the movement of assets upon the conclusion of probate. Probate is the legal process for settling a person’s estate after their death. During probate, the deceased person’s assets are gathered by a court-appointed probate representative. The assets are then used to pay any applicable outstanding debts, and then the remainder of the estate is distributed to heirs.

In the absence of a will, the estate is divided according to Florida Statutes Chapter 732, Section 101, which defines the order of succession starting with the spouse, if the person had one. Without a will, the order of succession must be followed regardless of the relationships the deceased had with each of these people. Therefore, a will is important if you have specific wishes regarding who should inherit your estate.

How Do Wills and Trusts Work Together?

Because estate planning can be emotionally and in some cases, financially, difficult, many people simply don’t do it. In fact, more than half of Americans, a staggering 56%, do not have a will or trust in place whatsoever. If you have a trust, you are already among the more prepared. But wills and trusts serve different purposes, and understanding the difference helps you use both the right way. However, it is important to understand how a trust and a will can and should work together in a well-constructed estate plan.

Even if you have a trust, you should still hire a will lawyer and draw up a will in Florida. Your will can make provisions for any assets you do not want to include in your trust, for whatever reason that may be. Alternatively, your will can dictate that any assets not already in the trust at the time of your death should be added to the trust. To accomplish this, you can name your trust as the only beneficiary in your will.

So, wills and trusts work together to protect your assets, pass them to beneficiaries outside of probate, and tie up any loose ends should anything enter the probate process.

FAQs

Why Is It Better to Have a Trust in Addition to a Will?

It is better to have a trust in addition to a will, as opposed to a will alone, because a trust allows you to transfer assets without putting them through the probate process. For your beneficiaries, the people inheriting your property, this means they are likely to actually receive what you leave them much more quickly. They may also avoid certain inheritance taxes, so they could ultimately inherit more than they would if you had no trust.

Does My Will Transfer Assets to My Trust Before Probate?

No, your will does not transfer assets to your trust before probate. Any assets not included in your trust at the time of your death are subject to probate. However, a will naming your trust as your sole beneficiary allows for any remaining assets to become the property of your trust and will be distributed according to its terms after probate, rather than according to the terms of Florida’s succession laws.

What Comes First, a Will or a Trust?

In terms of which you should establish first, it is a good idea to draw up a will at the same time as you establish a trust. In terms of execution, upon your death, the plans set down in your trust will immediately take effect. Your will won’t enter the equation until after the probate process, when any remaining assets not included in your trust will either be distributed to individual beneficiaries or transferred to your trust.

Can a Will Be Modified After It Is Established?

Yes, a will can be modified after it is established. If you need to modify your will, simply contact your attorney. You can advise them of necessary changes, and they can draw up a new will to supersede the old document. The new document can then be signed and notarized to make it legally binding.

Hire a Will Lawyer From The Preston Law Firm

If you need to draw up a will, you need the help of an experienced estate planning attorney. Contact The Preston Law Firm, located in New Smyrna Beach, to discuss your case. We have four decades of experience with estate planning and helping clients establish different estate planning documents. We can prepare your will and trust documents so that they are legally enforceable and adequately address your wishes.