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

Yes. A pour-over will captures any assets left in your individual name at death and directs them into your trust, and it is also the only document that can name a guardian for minor children. A trust alone leaves both gaps unaddressed.

Does a pour-over will avoid probate?

No. A pour-over will is a probate document, so any asset that passes through it must go through Florida probate before reaching the trust. Probate avoidance comes from fully funding the living trust during your lifetime, not from the will itself.

What happens to assets I never transferred into my living trust?

Assets left in your sole name with no beneficiary designation or joint owner fall into your probate estate and pour over into the trust under Florida Statutes u00a7 732.513. They are then distributed according to the trust's termsu2014but only after a probate proceeding concludes.

Can a pour-over will and living trust protect assets from creditors?

Not by themselves. A revocable living trust's assets remain reachable by your creditors during life. Real asset protection in Florida comes from homestead and tenancy-by-the-entireties protections, properly structured entities, and irrevocable trustsu2014the pour-over structure organizes and transfers wealth, it does not shield it.

What are the signing requirements for a pour-over will in Florida?

It must meet the same formalities as any Florida will under u00a7 732.502: in writing, signed at the end by the testator, and witnessed by two competent witnesses who sign in the presence of the testator and each other. Adding a self-proving affidavit under u00a7 732.503 streamlines later probate.

Pour-Over Wills and Living Trusts in Florida: How They Work Together

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