Trust vs. Will: Which Do You Need in Boca Raton?

Almost every Boca Raton estate plan starts with one question: do I need a will, a trust, or both? They are not competing products so much as different tools for different jobs. Here is an honest side-by-side comparison to help you decide.

How Each One Works

A Florida will (executed under section 732.502, signed with two witnesses) is a death-time document. It names beneficiaries, a personal representative, and guardians for minor children, but it only takes effect when you die and must be proven in court. A revocable living trust (Chapter 736) works the moment you sign and fund it, holding your assets during life and distributing them at death through a successor trustee.

Probate: The Biggest Practical Gap

This is where the two diverge most. Assets passing under a will go through probate in the Palm Beach County court, either summary administration (for smaller or older estates) or the longer formal administration. Assets titled in a funded revocable trust skip probate entirely. For a Boca Raton homeowner, that can mean the difference between a months-long court process and a private, weeks-long trust settlement.

Incapacity: Trust Wins

A will does nothing if you are alive but incapacitated. A revocable trust lets your successor trustee manage assets without a guardianship if you become unable to act. Pair either document with a durable power of attorney (Chapter 709), which covers assets outside the trust, and you have incapacity covered.

Privacy and Cost

A probated will becomes a public record anyone can read at the courthouse. A trust stays private. The trade-off is upfront effort: a will is simpler and cheaper to create, while a trust costs more to set up and must be diligently funded by retitling your home and accounts. Skip the funding and the trust fails to avoid probate.

What They Share

Both let you choose your beneficiaries instead of defaulting to Florida intestacy. Both are subject to Florida’s homestead rules under Article X, Section 4, your Boca Raton homestead carries special devise restrictions whether it passes by will or trust. And both operate in a state with no estate or inheritance tax, so neither is a tax-saving device.

Which Do You Actually Need?

A will-only plan often fits a younger person with modest assets and no real concern about probate. A funded revocable trust tends to fit Boca Raton homeowners and families who want privacy, probate avoidance, and seamless incapacity management. In practice, most trust plans include both: the trust as the main vehicle and a short pour-over will as the safety net for anything left out.

The Bottom Line

It is rarely trust versus will, it is the right combination. Decide based on probate, privacy, and incapacity, not on which word sounds fancier.

This is general information, not legal advice. The right mix depends on your assets, family, and goals. Consult a licensed Florida estate planning attorney before choosing between a will, a trust, or both.