Make your Florida living trust.

How it works

1. 1

   Answer a few questions

   About your assets, trustees, and beneficiaries.

2. 2

   Download your trust

   A complete, personalized revocable living trust, formatted for Florida.

3. 3

   Sign and fund

   Sign with will formalities required for testamentary aspects only. Fund the trust by transferring assets into its name.

Joint or individual

Married couples can make one joint Florida living trust that both spouses sign, in place of an individual one. The questionnaire asks which you want, and Will.com generates either.

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.

Proving your Florida trust without handing it over

When a bank, brokerage, title company, insurer, or transfer agent asks to see your trust, Florida law lets your trustee give them a short certification of trust instead (Fla. Stat. §736.1017). It states that the trust exists, who the trustee is, and what the trustee may do. It leaves out who inherits and what each person receives, so your beneficiaries stay private.

Will.com generates the Florida Certification of Trust alongside your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust, then give out copies of the certification rather than the trust itself.

Tenancy by the entirety

Florida recognizes tenancy by the entirety. It's a form of co-ownership available only to married couples. Neither spouse can convey or encumber the property acting alone, and at the first death it passes to the surviving spouse by survivorship, outside probate. Whether it also puts the property beyond the reach of a creditor of one spouse alone is a separate question the states answer differently, so confirm what the tenancy does in Florida before relying on it as creditor protection. When you transfer such property into a revocable trust, you may lose whatever entireties protection it carries 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 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