The Short Answer: Yes — You Still Need a Will
Even if you’ve created a revocable living trust to avoid probate, you still need a will under Florida law. The trust handles assets that have been properly titled into it, but not everything you own will automatically make it there.
A will serves as a critical backup document — one that ensures any assets left outside the trust are properly transferred and that your wishes are honored across your entire estate.
Why a Will Is Still Necessary in Florida
Florida estate planning attorneys often prepare a “pour-over will” alongside a revocable trust. This document directs that any assets not already owned by the trust at the time of your death be “poured over” into it.
Under Fla. Stat. § 732.502, the will must meet all formal requirements for validity — written, signed by you at the end, and witnessed by two individuals signing in each other’s presence.
Without a will, any property not titled in your trust or held with a beneficiary designation will pass according to Florida’s intestate succession laws (Chapter 732, Fla. Stat.), not according to your wishes.
The Role of the Pour-Over Will
A pour-over will works hand-in-hand with your trust. It:
- Serves as a safety net for any assets unintentionally left out of your trust;
- Names your personal representative (executor) to handle estate administration;
- Coordinates with your trust so all assets ultimately flow through a single distribution plan;
- Addresses personal matters that the trust cannot, such as guardianship of minor children.
Once the pour-over will transfers those remaining assets to your trust, your successor trustee administers everything under the terms you’ve already established.
What Happens Without a Will
If you die without a will, any assets not titled in your trust or beneficiary-designated accounts will be governed by intestate succession — meaning Florida’s default inheritance laws decide who gets what.
That can result in:
- Unintended heirs receiving assets;
- Probate delays as the court determines heirs;
- Potential family disputes over distribution;
- Extra expenses to locate and transfer unplanned assets.
Having a properly executed will eliminates those risks and ensures your estate plan operates seamlessly.
Why Both Documents Work Better Together
A well-drafted Florida estate plan includes both a revocable trust and a will — they’re not substitutes but complements.
- The trust manages and distributes most assets privately, avoiding probate.
- The will ensures any remaining assets are captured, providing legal continuity and completeness.
This dual structure also allows for planning of homestead property, digital assets, and personal items that may not fit neatly into a trust.
Out-of-State Property Owners
If you live outside Florida but own real estate or other assets here, your out-of-state will might not fully comply with Florida’s requirements for execution and probate.
Our firm frequently assists non-Florida residents in creating Florida-compliant pour-over wills that coordinate with their trusts, ensuring smooth transfer of their Florida property and avoiding costly ancillary probate under Fla. Stat. § 734.102.
Final Thoughts
Having a trust without a will is like locking most of your valuables in a safe — but leaving a few scattered around the house. The will ensures those remaining items are collected and handled properly.
At Clause Law Group, we create complete estate plans for clients throughout Stuart, Martin County, St. Lucie County, and Palm Beach County, and for families across the country who own Florida property.
We’ll ensure that your trust and will work together seamlessly, providing both efficiency and peace of mind for you and your loved ones.
