🌴 How to Create a Trust in Florida (2025 Guide)

Florida is one of the most estate-planning-friendly states in the country. Whether you're protecting your home from probate or planning to pass wealth to the next generation, a trust can help you do it faster, cheaper, and privately.

This guide walks you through exactly how to set up a trust in Florida — step by step, no lawyer required.

🔎 What Is a Trust?

A trust is a legal tool that allows you to transfer your assets to someone (called a trustee) who holds and manages them for the benefit of someone else (your beneficiaries).

The most common trust for Floridians is the Revocable Living Trust:

• Skips probate (Florida probate can be long and expensive)

• Allows you to control your assets while alive

• Automatically passes everything to your loved ones when you die

• Helps if you become incapacitated

📍 Step-by-Step: How to Set Up a Trust in Florida

Let’s break it down in plain English.

1. Pick Your Trust Type

• ✅ Revocable Living Trust (most common)

• Minor’s Trust

• Special Needs Trust

• Spendthrift Trust

• Legacy/Dynasty Trust

✅ TrustGenie offers all of these in clear, lawyer-reviewed language.

2. Name Key Roles

• Grantor – the person setting up the trust (usually you)

• Trustee – who manages the trust (can be you)

• Successor Trustee – who takes over if you pass away or become incapacitated

• Beneficiaries – who gets your assets (people or charities)

3. List Your Assets

• Real estate

• Bank and credit union accounts

• Stocks, bonds, and investments

• Retirement accounts (only pass outside of trust via beneficiary forms)

• Vehicles

• Life insurance

• Personal valuables (jewelry, art, etc.)

✅ TrustGenie includes a full asset checklist and templates.

4. Sign and Notarize the Trust (Florida Requirement)

• Must be signed by the grantor

• Must be notarized

• Requires two witnesses under Florida law

✅ We provide signing instructions with every Florida trust.

5. Fund the Trust

This step is required to make your trust legally powerful:

• File a Florida Warranty Deed or Quitclaim Deed to transfer property

• Retitle bank accounts and investment accounts to the trust

• Transfer personal property with a General Assignment form

📝 If you don’t fund it — the trust can be ignored in court.

⚠️ Florida-Specific Mistakes to Avoid

❌ Not having two witnesses sign the trust
❌ Assuming a will avoids probate (it doesn’t)
❌ Failing to retitle the family home (homestead exemption doesn’t carry over without proper transfer language)
❌ Forgetting to update trust after a marriage, divorce, or relocation
❌ Leaving minor children as direct beneficiaries without a subtrust

💰 Cost of Creating a Trust in Florida

OptionAverage CostLawyer$2,500 – $6,000Online Templates$100 – $500TrustGenie All-In-One Plan$150/year (unlimited updates)

🧠 Can You DIY Your Trust in Florida?

Yes — so long as:

• It’s written clearly

• Properly signed

• Notarized and witnessed by 2 people

• Funded with your assets

✅ TrustGenie includes instructions tailored to Florida law.

📎 Download: Florida Trust Checklist

Print and use our checklist to:

• Track every step

• Avoid common mistakes

• Organize your asset transfers

• Meet signing requirements

📥 [Click here to download your free checklist]

✅ Ready to Start Your Trust?

Join thousands of Florida residents using TrustGenie to create legally valid trusts — affordably, privately, and fast.

👉 [Start Now – $150/yr Plan Includes All Documents]

🔗 Related Posts:

• [How to Transfer Florida Real Estate into a Trust]

• [What Is a Homestead Trust Clause?]

• [Top Estate Planning Mistakes in Florida]

✍️ Written by:

TrustGenie Legal Team
Real Protection. Simple Documents. All 50 States.