Living trust requirements

Florida

What you need to create a valid revocable living trust in Florida.

Notarization

Conditional

will formalities required for testamentary aspects only

Witnesses required

Florida requires witnesses

Community property

Online notary

Authorized

Since 2019

Execution requirements

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Execution: will formalities required for testamentary aspects only

Two attesting witnesses required for the testamentary aspects of a revocable trust executed by a Florida domiciliary (Fla. Stat. §736.0403, §732.502)

Witnesses — 2 required

Florida has specific witness requirements for living trust execution.

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Written and signed by settlor

The trust document must be in writing and signed by you (the settlor) while of sound mind and at least 18 years old.

Florida-specific notes

•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)

Funding the trust

Creating the trust document is only the first step. The trust only controls assets that have been formally transferred into it.

•Real estate: Execute a new deed in Florida naming the trust as owner, then record it with the county
•Bank & brokerage accounts: Contact the institution to retitle the account to the trust
•Vehicles: Contact the Florida DMV to transfer the title
•Life insurance & retirement accounts: Update beneficiary designations (these pass outside the trust)

Remote online notarization: Florida authorized RON in 2019. You may be able to have your trust notarized via video conference through an approved RON provider.

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in Florida for guidance specific to your situation.

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