Wills vs Trusts in Florida: What’s the Difference? 2026

By Bill Preston

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Estate Planning

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Last Modified on Jan 23, 2026

If you are considering an estate plan, you may be wondering about the differences between wills vs trusts in Florida. While wills and trusts are vital components of a comprehensive estate plan, there are key differences between these important tools.

When consulting with a New Smyrna Beach estate planning lawyer, knowing the difference between a will and a trust can help you ask informed questions and better understand the laws impacting your estate plan.

What Is a Will?

A will is a legal document containing instructions for your estate after your death or in the event of your incapacity to oversee your estate. A will establishes a personal representative, also called an executor, who will manage the distribution of your assets and address any outstanding debts acquired by your estate. A will also names your preferred legal guardian for any minor children or other dependents you may have guardianship over.

All wills are subject to probate in the state of Florida. Probate is the process by which an estate is settled, and assets are distributed after your death. A valid will created with the criteria outlined in Florida Statute Section 732 can help expedite the probate process.

At The Preston Law Firm, our qualified attorneys have a proven record of creating valid, legally sound wills that protect the interests of your beneficiaries and help ensure an expeditious probate process.

A Trust Can Help Your Heirs Avoid Probate

A trust is a legally binding arrangement between a grantor, who funds the trust, a trustee, who oversees the distribution of funds in the event of the grantor’s death or incapacity, and beneficiaries, who receive the benefits of the trust. A revocable living trust is one of the most effective trusts you can establish, enabling you to contribute funds throughout your lifetime and protect any real estate you own from involvement in a probate case.

Probate cases are a matter of public record, which means when your will undergoes review, the public must be informed, opening up the possibility of third-party claims and challenges by potential heirs and creditors.

A trust, however, is private. And unlike a will, a trust becomes legally binding as soon as it is established, whereas a will only goes into effect once the testator dies and the will is reviewed by the courts. A trust is the most effective way to ensure a seamless transfer of assets to your chosen beneficiaries.

Should You Choose a Will or a Trust?

You may be wondering whether it is better to have a will or a trust, and the answer is–it depends. A will is the default legal cornerstone of any estate plan, and a will might be the only legal document you need if you have minimal assets, do not own real estate, and have no financial considerations around your minor children’s guardianship.

However, for most estates in Florida, a pour-over will paired with a revocable living trust provides the most legal protection for your assets. If you would prefer your family to avoid delays with probate and ensure your estate’s assets remain private, a trust helps provide these benefits. A revocable trust combined with a pour-over will that addresses any assets that may not have transferred before death creates nearly ironclad protection for your investments.

Hire a Wills Lawyer to Create a Strong Estate Plan

One recent study found that only 24% of Americans had a will, and 13% had a living trust. The laws concerning estate planning and probate are flexible but complex in Florida. If you are a resident of New Smyrna Beach, and considering your family legacy, hire a will and trust lawyer to help give you clarity on the most effective plan of action for your situation.

FAQs

Why Is a Trust Better Than a Will in Florida?

In short, a trust provides privacy, reduces the need for a lengthy probate case, and protects your assets from third-party interference. A trust can be easily revised and adapted throughout your lifetime, and takes effect immediately, whereas a will only becomes effective after your death, and the probate courts have established the will’s validity. This process can take months.

A trust guarantees that your beneficiaries will receive assets almost immediately following your death, without interference from the courts.

Does a Will Override a Trust in Florida?

A will can override a trust only in certain circumstances. These circumstances usually only arise when the terms of a will conflict with the terms of a trust, creating a legal discrepancy. For this reason, it is always advisable to have a qualified estate planning lawyer review your entire estate plan to address any potential conflicts that may arise.

Is It Better to Have a Trust or a Will?

Whether it is better to have a trust or a will depends on your estate and your circumstances. A revocable trust paired with a pour-over will is the most effective estate planning strategy. A pour-over will can address any assets that might be acquired before the grantor dies, but before they add these assets to the existing trust. It is wise to consult with an estate planning attorney for your unique circumstances.

What Does a Trust Do That a Will Doesn’t?

A trust is private, meaning it is not a matter of public record, like a will. A trust provides for the immediate distribution of assets to beneficiaries, avoiding the lengthy probate process that all wills must undergo. A trust also becomes legally binding before death, enabling the grantor to contribute to and manage the assets included in the trust.

A will only becomes legally binding after death, and must undergo review by the Volusia County probate court to determine validity.

Book Your Trust and Will Consultation Today

At The Preston Law Firm, we are dedicated to our clients. We understand the importance of a strong estate plan, and with our decades of experience serving the citizens of Volusia County, we are your source for estate planning advice. Contact us today to schedule a consultation with our legal team and take the first step to securing your family’s future.