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FL · Revocable Living Trust
Make your Florida living trust.
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Florida living trust requirements
Special notes for Florida
- The 2-witness requirement technically applies only to testamentary provisions, but since virtually all revocable trusts contain provisions about who inherits at death, 2 witnesses are effectively required for any estate planning trust
- Florida also permits opt-in community property trusts for married couples (Fla. Stat. ch. 736, pt. XV, §736.1503)
How it works
- 1
Answer a few questions
About your assets, trustees, and beneficiaries.
- 2
Download your trust
A complete, personalized revocable living trust, formatted for Florida.
- 3
Sign and fund
Sign with will formalities required for testamentary aspects only. Fund the trust by transferring assets into its name.
Signing a Florida living trust
Two attesting witnesses required for the testamentary aspects of a revocable trust executed by a Florida domiciliary (Fla. Stat. §736.0403, §732.502)
Florida treats the testamentary aspects of a revocable trust as a will for execution purposes per Fla. Stat. §732.502 and §736.0403; we add an Attestation of Witnesses block to the trust so it satisfies the same formalities as a will.
Tenancy by the entirety
Florida recognizes tenancy by the entirety. It's a form of co-ownership available only to married couples that provides automatic survivorship and creditor protection from individual debts. When you transfer such property into a revocable trust, you may lose the tenancy-by-entirety protection unless your trust is drafted to preserve it.
Funding Florida real estate into the trust
To transfer Florida real estate into your trust, you sign a new deed conveying the property from yourself to yourself as trustee, then record the deed with the Clerk of the Circuit Court for the county where any deeded Trust property lies for the county where the property is located. The trust does not control real estate unless the deed transfer is recorded.
Recent Florida trust law changes
Florida revises trust decanting and clarifies homestead transfers to community property trusts
Ch. 2025-159 (SB 262) revises authorized-trustee invasion-of-principal under §736.04117, treats lifetime distributions from a revocable trust as satisfying matching devises if criteria are met, and clarifies that homestead property transferred by spousal settlors to a community property trust does not constitute a change of ownership for property-tax reassessment.
Ch. 2025-159 (SB 262)
Florida adopts the Uniform Fiduciary Income and Principal Act (FUFIPA)
Ch. 2024-216 (CS/HB 1093) replaces the prior Florida Uniform Principal and Income Act with FUFIPA, modernizing how trustees allocate receipts and disbursements between income and principal beneficiaries. Effective January 1, 2025.
Ch. 2024-216 (CS/HB 1093) · Effective 2025-01-01
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