Do Trusts Really Avoid Probate in Florida? Yes—But Not Always Entirely.

One of the most common reasons Florida residents create revocable living trusts is to avoid probate. And for the most part, a properly funded trust does exactly that. Assets titled in the name of a trust typically pass to beneficiaries without court involvement, delay, or public disclosure.

However, there is an important—and often misunderstood—reality: even individuals with well-drafted trusts frequently need a probate opened in Florida.

This is not a failure of the trust. It is simply how Florida law works.

How Trusts Avoid Probate in Florida

In Florida, probate is required when assets are owned in an individual’s name at death and do not have a beneficiary designation or survivorship feature.

A revocable living trust avoids probate by changing ownership during life, not at death.

When assets are properly titled in the name of the trust—such as real estate, bank and brokerage accounts, non-qualified investment assets, and business interests—those assets are no longer owned by the individual. They are owned by the trust. As a result, they pass under the trust terms without probate court involvement.

Why Probate Is Still Often Necessary—Even With a Trust

Despite careful planning, most estates still require some form of probate in Florida. There are three primary reasons.

Assets Were Never Transferred to the Trust

It is very common for assets to remain outside the trust, including newly opened accounts, forgotten investments, vehicles titled individually, or refunds issued after death. If an asset is owned individually at death and does not have a beneficiary designation, probate is required to legally transfer it.

Beneficiary Designations Can Fail

Even when an asset is not meant to be in the trust, problems can arise if a beneficiary predeceases the owner, a designation was never updated, or the paperwork is defective. When a beneficiary designation fails, the asset often defaults back to the estate, requiring probate.

Probate Is Often the Cleanest Way to Handle Creditors

Probate provides a formal and time-limited creditor claims process under Florida law. Opening probate allows valid claims to be resolved in an orderly manner and provides finality for beneficiaries and trustees.

Trusts and Probate Work Together

Trusts are designed to minimize probate, not eliminate every possible court proceeding. Probate is often limited in scope and administrative when a trust exists. In many cases, a short pour-over probate is the safest way to protect beneficiaries and trustees.

The Bottom Line

Trusts are one of the most effective tools available to avoid probate in Florida. But having a trust does not guarantee that probate will never be required—and that is perfectly normal.

A well-designed estate plan anticipates this reality and uses both trusts and probate strategically.