Will vs Trust: Which Do You Need in Florida?
Wills and trusts serve different purposes in your estate plan. A will names guardians and directs assets through probate. A trust avoids probate, provides privacy, and manages assets during incapacity. Most Florida families benefit from both. This page explains how each document works and when you need them as part of a complete estate plan.
When This Service Is Needed
- You have minor children and need to name guardians
- You own real estate, retirement accounts, or other significant assets
- You want to avoid probate for your family
- You recently married, divorced, or experienced a major life change
- Your existing documents are outdated or were prepared in another state
How This Fits Into Your Estate Plan
Wills and trusts form the foundation of a comprehensive estate plan, but they work best when coordinated with other documents. Advance directives address healthcare decisions, powers of attorney handle financial matters during incapacity, and proper beneficiary designations ensure retirement accounts and insurance policies align with your overall plan. Florida homestead law also affects how your primary residence can be transferred, making coordination essential.
Protecting Your Family Through Proper Planning
A well-crafted will or trust is the foundation of any estate plan. These documents ensure your assets go to the people you choose, in the manner you specify, while minimizing delays, costs, and family conflicts.
At Mark Mastrarrigo P.A., we help individuals and families in Cooper City and throughout Broward County create wills and trusts tailored to their specific needs and goals. We take time to understand your family situation, asset structure, and objectives before recommending a plan.
Will Drafting Services
A properly drafted will allows you to name guardians for minor children, specify who receives your assets, appoint a personal representative to manage your estate, and express your final wishes. We ensure your will meets all Florida legal requirements and clearly expresses your intentions.
Trust Planning Services
Trusts offer additional benefits beyond a will, including probate avoidance, privacy, and control over when and how beneficiaries receive assets. We help clients with:
- Revocable Living Trusts – Maintain control while alive, avoid probate at death
- Irrevocable Trusts – Asset protection and estate tax planning
- Special Needs Trusts – Provide for disabled loved ones without affecting benefits
- Testamentary Trusts – Created through your will for minor children or other beneficiaries
Coordinating Your Estate Plan
Wills and trusts work best as part of a comprehensive estate plan that may include advance directives, powers of attorney, and beneficiary designation reviews. We help ensure all pieces work together to achieve your goals.
Will vs. Trust: Key Differences
Understanding the differences between a will and a revocable living trust helps you choose the right tools for your estate plan.
| Feature | Will | Revocable Living Trust |
|---|---|---|
| Goes through probate | Yes — requires court supervision | No — transfers outside probate |
| Privacy | Public record once filed with court | Private — never filed publicly |
| Effective during incapacity | No — only takes effect at death | Yes — successor trustee manages assets |
| Cost to create | Lower initial cost | Higher initial cost |
| Cost to administer | Higher — probate fees and attorney costs | Lower — no court fees required |
| Out-of-state property | Requires probate in each state | Avoids ancillary probate |
| Name guardians for children | Yes | No — still need a will for this |
| Timeline after death | 6-12 months (formal administration) | Weeks to months — no court delays |
Most comprehensive estate plans include both a will (for guardian nominations and assets not in the trust) and a revocable living trust (for probate avoidance and incapacity planning).
Frequently Asked Questions
What is the difference between a will and a trust?
A will takes effect after death and goes through probate. A trust can take effect immediately, avoid probate, and provide ongoing management of assets. Many estate plans include both documents working together.
Do I need a trust if I have a will?
Not everyone needs a trust, but trusts offer benefits like probate avoidance, privacy, and control over asset distribution. We evaluate your specific situation to recommend the right structure.
What happens if I die without a will in Florida?
Florida intestacy laws determine who inherits your assets, which may not match your wishes. Your estate goes through probate, and the court appoints an administrator. Having a will ensures your preferences control.
How often should I update my will or trust?
Review your estate plan after major life events (marriage, divorce, birth, death, significant asset changes) and at least every 3-5 years. Regular reviews ensure your plan reflects your current situation.
What is a revocable living trust?
A revocable living trust holds your assets during your lifetime, allows you to maintain control, and transfers assets to beneficiaries without probate upon death. You can modify it at any time while competent.
Get Started with Your Will or Trust
Contact our Cooper City office to discuss your estate planning needs and learn how a properly drafted will or trust can protect your family.
5500 South Flamingo Road, Suite 205, Cooper City, FL 33330
(954) 820-8535Last reviewed: February 2026
Ready to Protect Your Family?
Schedule a consultation to discuss your will and trust needs.