If You Have a Trust, Do You Need a Will?

Setting up a trust can feel like checking the last box in your estate plan. It’s private, flexible, and allows assets to pass without the delays of Florida probate. But even the most carefully prepared trust doesn’t make a will unnecessary.

A complete estate plan in Florida often includes both a trust and a will. These two legal tools serve different but complementary purposes. Without both, important assets may be left out, key instructions might be ignored, and your family could face unexpected legal complications.

Trust vs. Will in Florida

A will is a legal document that directs how your property should be distributed after death. It becomes effective only after a court validates it, which is part of Florida’s probate process. A will can also name guardians for minor children and appoint a personal representative to handle final affairs. Here, at Karen Estry, P.A., we like to say that the will is a “back-up plan,” should assets need to go through probate.

A trust‌ takes effect immediately after it’s signed and funded. It lets you transfer ownership of assets to a trustee for the benefit of named beneficiaries. In Florida, a revocable living trust is one of the most common, and it allows the person who creates it to serve as trustee during their lifetime, maintaining control over assets while alive.

The biggest distinction between a trust and a will is probate. Wills go through it. Trusts avoid it—but only if the trust is properly funded. That means re-titling assets like bank accounts, real estate, or brokerage accounts into the name of the trust. If any asset is left out, it doesn’t benefit from the trust’s probate-avoidance feature. In many situations, rather than re-titling an asset, we arrange for the trust to be the beneficiary of the asset, thus making that asset payable to the trust upon an individual’s passing.

This is where many trust-based estate plans fall short. People often forget to re-title all of their assets—especially newly acquired property or financial accounts. For example, if you open a new bank account after creating your trust and don’t put it in the trust’s name, that account isn’t protected from probate, unless you’ve named someone as the payable on death beneficiary. The same goes for inherited property, vehicles, or business interests.

Properly funding your trust means taking time to review and update asset ownership regularly. It’s not a one-time task. It requires ongoing attention. Without this follow-through, the trust becomes a shell, and your loved ones could still end up in probate court, facing unnecessary costs and delays.

Why a Will Is Still Necessary

One of the most important reasons to create a will—even if you already have a trust—is to avoid the consequences of dying intestate. Under Florida law, if someone dies without a valid will, their estate is subject to the state’s intestacy statutes. These laws dictate who inherits your assets, regardless of your actual wishes or family dynamics.

Even with a trust, assets that haven’t been transferred into it—or were never intended to be—are at risk of being distributed according to these default rules. A pour-over will helps capture stray assets and route them into the trust. But more importantly, a standalone will gives legal weight to your wishes across the board. It allows you to name guardians for your children, direct personal effects, and ensure your intent is respected.

Skipping the will leaves your loved ones vulnerable to court decisions, potential disputes, and costly delays. Estate planning in Florida demands clarity. The law won’t assume what you would’ve wanted—so if you don’t put it in writing, the state will decide for you.

Consider a situation where someone passes away with a trust but no will, and they’ve recently bought property in their own name. Because the property wasn’t re-titled into the trust and no will exists to direct it, that asset may pass to unintended heirs under Florida’s intestacy laws. Family members may have to go to court, hire attorneys, and navigate a probate process that could have been avoided entirely.

A will is also crucial for leaving clear instructions on personal items with sentimental value—family heirlooms, collections, or gifts you want specific people to receive. These are often the most emotionally charged assets, and without clear direction, they can spark tension among surviving relatives.

Estate Planning in Altamonte Springs and Throughout Florida

Estate planning is not a one-size-fits-all process. A trust is a powerful tool, but not a standalone solution. A will is legally necessary in most Florida estate plans—even those built around trusts.

When building an estate plan in Altamonte Springs or anywhere else in Florida, the right strategy often includes both documents. Together, they ensure your assets go where they’re supposed to, your family is protected, and your final wishes are followed—no matter how life changes.

A well-rounded estate plan in Florida also includes additional documents, like a durable power of attorney, designation of healthcare surrogate, and a living will. These forms allow someone you trust to step in and manage your affairs if you become incapacitated. Unlike a will or trust, which take effect after death (or in the case of a trust, once funded), these documents protect you during your lifetime.

Without them, your family may be forced to seek guardianship through the courts just to make medical or financial decisions on your behalf. That process can be expensive, time-consuming, and emotionally draining.

Need to Update Your Florida Estate Plan?

At Karen Estry, P.A., we help Florida residents navigate the complex but necessary questions around estate planning. Whether you're reviewing your current documents or starting from scratch, we’ll make sure your plan covers all the bases.

If you’re in Altamonte Springs or anywhere in the state, contact us today to discuss your options. We’ll help you decide what you need, what can be simplified, and how to protect your assets for the long term—with or without a trust.

Reach out now by calling (407) 869-0900 or connecting with us online to schedule a consultation. We’re ready to help you protect the people who matter most.