Yes — if you have a revocable living trust in Florida, you still need a will. Specifically, a pour-over will. It catches assets you forgot to put in the trust, names a guardian for minor children, and gives your personal representative court authority if probate is needed for any reason.

Do I need a will if I have a trust in Florida?

You need both. A revocable living trust is the engine of a modern Florida estate plan, and a will is the safety net behind it. Together, they cover every asset, every minor child, and every scenario the law anticipates.

Most Florida families I work with assume the trust is enough on its own. It almost never is. The trust only governs assets that have been formally retitled into its name — a step called “funding” the trust. Anything left in your personal name at death falls outside the trust.

That is what the will fixes. It is not an alternative plan. It is a partner document.

What is a pour-over will and why does it matter?

A pour-over will is a short will designed to work with a revocable living trust. It says, in plain terms: “If anything is in my name when I die, send it to my trust.”

It usually does three things — names the personal representative, names a guardian for minor children, and directs any assets outside the trust into the trust at death. That last part is where the name comes from. The will “pours” forgotten assets over into the trust at the moment of death.

Without a pour-over will, those assets pass under Florida intestate succession instead of your trust’s terms. Two completely different plans, two completely different outcomes.

What happens to assets that aren’t in your Florida trust?

Any asset still titled in your personal name at death passes outside the trust. Common examples include a recently purchased car, a new bank account, an inheritance you received late in life, or a paycheque that arrived after death.

If a pour-over will is in place, those assets go through probate — then pour into the trust to be distributed under its terms. Without a pour-over will, the assets pass under Florida Statute 732.101 (intestate succession), which may send them to people you would not have chosen.

This is the most common gap I see in homemade estate plans. The trust is signed and forgotten — but a single asset bought a year later breaks the whole plan.

Can a trust name a guardian for your children?

No. A Florida revocable living trust cannot name a guardian for minor children. Only a will can do that under Florida Statute 744.3046.

This is the single most important reason every Florida parent of minor children needs a will — even if their entire estate is in a trust. If you die without naming a guardian in a will, the court chooses one. The judge does not know your family. The judge does not know your sister-in-law moved to Tampa or that your brother and his wife divorced. The judge sees a petition and a hearing.

Naming the guardian in a will means you decide. Not the court.

This is where having an estate planning attorney makes the difference. I work with Orlando families to build wills and trusts that actually work together — covering every asset, every child, and every “what if.” Start with a conversation — visit Estate Planning at Lumsden Law or call (407) 798-7744 today.

How should Florida families coordinate their will and trust?

A coordinated Florida estate plan starts with the trust as the centrepiece and uses the will to cover the gaps. Three steps make the difference.

• Fund the trust properly. Retitle real estate, brokerage accounts, and business interests into the trust’s name. An unfunded trust is a stack of paper.
• Sign a pour-over will. Use it to name the personal representative, name a guardian for minor children, and catch any forgotten assets.
• Review the plan every three to five years — and after any marriage, divorce, birth, death, or move.

Reading more on the mechanics helps too. Our guide to wills and trusts together in Florida explains how the documents fit, and our piece on funding your trust walks through the retitling step most people miss. If you’re working with a local Orlando estate planning attorney, both documents should be drafted and signed in the same sitting.

Frequently Asked Questions About Wills and Trusts in Florida

Do I really need a will if I have a revocable living trust in Florida?

Yes. Even with a fully funded revocable living trust, Florida residents still need a pour-over will. It catches any assets accidentally left out of the trust, names a guardian for minor children, and gives the personal representative legal authority if probate becomes necessary.

What is a pour-over will in Florida?

A pour-over will is a short will written alongside a revocable living trust. It “pours” any remaining assets at death into the trust so they are distributed under the trust’s terms. It is a safety net — not the primary estate planning document for trust-based plans.

Can a Florida trust replace a will completely?

No. A revocable living trust handles trust-funded assets, but it cannot name a guardian for minor children, and it cannot govern assets owned solely in your name at death. A will is required to handle both situations under Florida law.

What happens in Florida if I have a trust but no will?

Any asset not titled in the trust at your death passes through Florida intestate succession (Florida Statute 732.101) — not under your trust’s terms. The court, not you, decides who inherits. If you have minor children, the court also chooses the guardian without your input.

How often should Florida residents review their will and trust together?

Review every three to five years, and after any major life event — marriage, divorce, a new child, a death in the family, the sale of a business, or moving to Florida from another state. Florida law treats some out-of-state documents differently, so a Florida-specific review is essential.

Ready to make sure your plan actually works?

Ready to know your family is fully covered — not partly? At Lumsden Law, our trust and will service builds both documents to work together — from the first conversation to the signed pages. Call (407) 798-7744 or email info@lumsdenlawfirm.com — I’ll make sure you feel supported every step of the way.