How Much Does a Living Trust Cost in Florida? And What It Saves

What a trust-based plan includes, why one trust costs more than another, the probate fees Florida presumes without one, and the funding mistake that wastes the money.

Quick answer: A Florida revocable living trust plan is priced as a flat fee that covers the trust, a pour-over will, a durable power of attorney, a health care surrogate, a living will, and the funding work, including the deed for your home. The price rises with minor children, special needs provisions, a business, out-of-state or foreign property, and the number of accounts to retitle. What it saves is probate: under section 733.6171 Florida presumes an attorney fee of 3 percent of the estate between $100,000 and $1 million, plus a personal representative commission, for every estate that goes through formal administration. At Scheer Legal the quote is a flat fee in writing after a free consultation.

A revocable living trust costs more than a will up front and, for the right family, far less over the life of the plan. This article explains what the fee actually buys, what makes one trust cost more than another, and the one mistake that turns an expensive trust into a worthless one.

What a trust-based plan includes

At Scheer Legal a trust-based estate plan is quoted as one flat fee, in writing, after a free consultation. The package is the revocable living trust itself, signed with the formalities Florida requires for a will under section 736.0403, Florida Statutes; a pour-over will that sends anything left outside the trust into it and names the guardian for minor children; a durable power of attorney; a health care surrogate designation; a living will; and the part most people do not expect, the funding work: the deed that moves your Florida home into the trust, the instructions for retitling accounts, and the beneficiary designation review for retirement accounts and life insurance. The quote lists every document and every funding step, so the price you see is the price of a plan that works, not a binder. See how we charge and revocable living trusts.

What makes one trust cost more than another

Whether it is one trust for a married couple or two separate trusts. Whether there are minor children, which adds provisions holding a child's share in trust until an age you choose instead of handing it over at 18. Whether an heir has special needs, which calls for a supplemental needs trust so an inheritance does not cost them Medicaid or SSI. Whether you own a business, which has to be assigned into the trust and coordinated with the operating agreement. Whether you own property in another state or another country, which decides whether the trust can hold it directly. And how many accounts and deeds there are to fund. A couple with a house, two bank accounts and grown children is at one end of the range; a blended family with an LLC, a rental in Georgia and a condo in Colombia is at the other.

What you are buying: avoiding this

The reason people pay more for a trust is probate. A will does not avoid it. Under section 733.6171, Florida Statutes, the attorney's fee that Florida presumes reasonable for ordinary services in a formal administration is $1,500 on the first $40,000 of the estate, $750 on each of the next two $30,000 slices, and 3 percent of the portion between $100,000 and $1 million, with lower percentages above that. On a $500,000 probate estate that is $15,000 for the lawyer, and the personal representative is entitled to a commission on a similar schedule before court costs. Those fees are negotiable and the statute says so, but they are the starting point, and they are paid after you are gone, by the people you were trying to take care of. A funded trust skips that process for everything inside it. Summary administration under section 735.201 is a shortcut only for estates of $150,000 or less, or where the person has been dead more than two years, which rules out most Florida homeowners. We work through the numbers in how much probate costs in Florida.

Probate is not the only thing you are buying. A trust also covers incapacity: if you cannot manage your affairs, your successor trustee steps in without a court guardianship. It keeps the plan private, since a will becomes a public court record and a trust does not. And it lets you control timing, which matters when an heir is young, in a bad marriage, or bad with money.

The mistake that makes a trust worthless

An unfunded trust. A trust only controls what is titled in its name. If the deed never gets recorded and the accounts never get retitled, everything still passes through probate under the pour-over will, and the family paid for a trust and got a will. This is why funding is part of our quote rather than a to-do list handed to you at signing, and why we published a trust funding checklist. If you are comparing quotes, ask each lawyer one question: is the deed included?

What is not in the fee

Third-party costs, passed through at cost: the county recording fee for the deed, documentary stamps if any apply, certified copies, and similar items. Work beyond the scope in the engagement agreement is quoted in writing before it is done.

Will or trust: how we decide

Not everyone needs a trust, and we will tell you if you do not. A single person renting an apartment with accounts that carry beneficiary designations may be fine with a will-based plan, and that quote is lower; see how much a will costs in Florida. A homeowner, a parent of minor children, a business owner, anyone in a second marriage, and anyone with property outside Florida usually comes out ahead with a trust. The free consultation is where we work that out, and you leave with one written flat-fee quote for the plan we actually recommend. Schedule a consultation.

Frequently Asked Questions

Is a living trust worth it in Florida?

For most Florida homeowners, yes, because the home alone is enough to put the estate into formal probate, where the presumed attorney fee under section 733.6171 is 3 percent of the estate between $100,000 and $1 million, plus the personal representative's commission and court costs. For a renter with beneficiary-designated accounts, a will-based plan may be enough.

Does a trust include the deed to my house?

At Scheer Legal, yes. The deed moving your Florida home into the trust is part of the flat-fee quote, along with the funding instructions for accounts. Ask any lawyer you compare whether the deed is included, because a trust that never receives the house does not avoid probate on it.

Does a revocable trust reduce my taxes or protect me from lawsuits?

No. A revocable trust is tax-neutral and offers no creditor protection during your life, because you can revoke it. Its jobs are avoiding probate, planning for incapacity, keeping the plan private, and controlling when and how heirs receive what you leave.

Why don't you publish a price?

Because a trust for a couple with a house and grown children and a trust for a blended family with a business and property abroad are different amounts of work, and one number would mislead most people. The consultation is free and the quote is a flat fee in writing.

How long does it take?

Most plans are signed within a few weeks of the consultation, depending on how quickly we get the information about your family and assets back from you. Funding the trust, especially recording the deed, follows right after signing.

Want the number for your family?

The estate planning consultation is free, and the quote is a flat fee in writing that includes the funding work, in English or Spanish.

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