Florida Will Guides
Will, living will, or trust: what is the difference in Florida?
Florida · Sources checked September 10, 2026 · General information, not legal advice.
A last will and testament records instructions intended to operate after death. A living will addresses certain medical treatment wishes during life. A revocable trust can hold and manage property under its terms. They solve different problems and may be used together; one is not simply a more expensive version of another.
Start with what you want to accomplish, then identify the document and advice needed. This page explains the categories and does not recommend a particular plan for you.
Published by Will Florida · Florida, United States · Sources checked .
General information, not legal advice. Our editorial policy.
The differences at a glance
| Document | Main subject | Common misunderstanding |
|---|---|---|
| Last will and testament | Directions for property passing under the will and estate-related nominations after death | “It controls every asset I own” |
| Living will | Instructions about life-prolonging medical procedures in specified circumstances | “It says who inherits my property” |
| Revocable living trust | Holding and managing property under a trust arrangement during life and after death | “Signing a trust document automatically moves all my assets into it” |
For background on wills and trusts, see the Florida Bar's will guide and revocable trust guide. Florida's living-will procedure is set out separately in §765.302.
What a last will does
A will can set out intended gifts of property governed by the will and nominate a personal representative to administer the estate. It operates within applicable law; it does not by itself transfer every account or remove all probate questions.
Ownership arrangements, beneficiary designations, and trust holdings can affect how property passes. Do not assume naming someone in a will changes a retirement account beneficiary or a jointly held asset. The Florida Bar explains this broader distinction in its will overview.
Before choosing wording, identify which arrangements you need to understand. If you cannot tell what a will would control, bring the account or ownership question to a qualified professional.
What a living will does
Florida law allows a competent adult to make a living will directing the provision, withholding, or withdrawal of life-prolonging procedures in the circumstances described by the statute, including terminal or end-stage conditions and a persistent vegetative state. It also specifies witnesses and notification to the physician. Florida Statutes §765.302.
This is a healthcare document. It does not name the people who inherit your estate. Its requirements should not be copied from a last-will signing checklist.
If medical decision-making is your immediate concern, speak with an appropriate healthcare professional and, for legal questions, an attorney. A will-preparation tool focused on inheritance is not a substitute for that discussion.
What a revocable living trust does
A revocable trust is an arrangement involving property held and managed by a trustee under the trust terms. A successor trustee may have a role when the original trustee cannot act or dies. Avoiding probate for relevant assets depends on how property is held or transferred, not merely having a trust document. Florida Bar: The Revocable Trust in Florida.
Creating a trust and arranging the property connected with it are related but distinct tasks. A service that produces a trust document may not complete the ownership changes or professional review your situation needs.
A trust is not a universal way around Florida family protections. Florida's homestead provision expressly addresses certain trust dispositions as well as direct devises. Florida Statutes §732.4015.
Does one replace the others?
Not automatically. A person may need to address inheritance, property management, and medical wishes separately. The right combination depends on goals and circumstances, and that is a question for individualized advice when you are uncertain.
Do not buy a bundle simply because it contains more documents. Ask what each document is intended to accomplish, whether the documents are consistent, and what work remains after drafting.
Three examples of the distinction
These are hypothetical questions, not recommendations for a particular family:
- “Who should receive property after I die?” Start by understanding wills, asset ownership, and any existing beneficiary arrangements.
- “What medical treatment would I want if I could not communicate?” Explore healthcare advance planning rather than treating a last will as a medical instruction.
- “Who would manage property under an ongoing arrangement?” Ask a professional about the relevant powers or trust structure instead of assuming a will provides management during life.
The document name is only a starting point. Each question can involve more than one instrument or person.
The document covered by the Will Florida plan
The Will Florida preparation plan is for one last will and testament draft, priced at $49. It does not include a living will, trust, power of attorney, or complete estate plan.
Read the scope and price. For last-will preparation, continue to how to make a will in Florida and the preparation checklist.