A living trust keeps your affairs private in Florida by transferring your assets to a trust during your lifetime, so they never pass through probate after your death. Because probate is a public court proceeding and a properly funded revocable living trust avoids it, the details of what you own, who inherits, and how much each beneficiary receives stay out of the public record. For high-net-worth families in Fort Lauderdale, that privacy is often as valuable as the tax and administrative benefits.
I’ve spent years sitting across the table from Broward County families who assumed a will alone would protect them. It won’t — at least not privately. A will is the one estate planning document that is guaranteed to become a public record. If you care who can read about your wealth after you’re gone, you need to understand the difference between a will and a funded living trust.
Why Probate in Florida Is a Public Affair
When someone dies with only a will, that will must be filed with the clerk of the circuit court in the county where they lived. In Broward County, that’s the probate division in Fort Lauderdale. Once filed, the document — and nearly everything that follows it — enters the public record.
Florida probate is governed by Chapters 731 through 735 of the Florida Statutes, the Florida Probate Code. Under Florida estate planning law, formal administration requires the personal representative to file an inventory of the decedent’s assets with the court. That inventory lists real estate, bank and brokerage accounts, business interests, and their values. While the inventory itself is typically confidential under section 733.604, plenty of other filings are not.
Here’s what generally becomes accessible to anyone who asks:
- The will itself, including the names of your beneficiaries and what each one receives
- The petition for administration, which identifies your heirs and their addresses
- Notices to creditors and the claims those creditors file against your estate
- Petitions, objections, and any litigation between family members
- The order admitting the will and appointing your personal representative
For a family with significant assets, that’s an open invitation. Estranged relatives, predatory “heir finders,” contractors trolling for inflated estates, and the merely curious can all see the shape of your wealth and exactly who now controls it. I’ve watched newly inherited beneficiaries get cold-called within weeks of a probate filing. The court file is where those calls start.
How a Revocable Living Trust Sidesteps Probate Entirely
A revocable living trust is a private agreement. You create it while you’re alive, you serve as your own trustee, and you keep complete control — you can amend it, revoke it, or move assets in and out whenever you like. Florida trusts are governed by the Florida Trust Code, Chapter 736 of the Florida Statutes.
The mechanics of the privacy benefit come down to one principle: only assets titled in your individual name at death go through probate. Assets owned by your trust do not. The trust does not die when you do; a successor trustee you named simply steps in and administers it according to your instructions — quietly, outside the courthouse.
No court filing means no public record. There is no will to lodge, no inventory to question, no petition naming your beneficiaries. Your successor trustee can collect assets, pay debts, and distribute inheritances without ever asking a judge for permission. That is the heart of trust-based privacy.
Funding Is What Actually Delivers the Privacy
This is where most do-it-yourself plans fall apart. A trust only protects the assets it actually owns. “Funding” the trust means retitling your property into the name of the trust — and an unfunded trust is an expensive document that does nothing.
To keep your Fort Lauderdale estate private, funding typically involves:
- Recording a deed that transfers your home or investment property into the trust. (In Florida, watch the homestead rules — homestead has its own constitutional protections and special handling.)
- Retitling bank, brokerage, and non-retirement investment accounts into the name of the trust.
- Assigning interests in LLCs, closely held companies, and other business entities to the trust.
- Coordinating beneficiary designations on life insurance and retirement accounts so they harmonize with — rather than fight — the trust plan.
Anything you leave out of the trust may still land in probate, which is why a careful attorney pairs the trust with a “pour-over will.” The pour-over will catches stray assets and directs them into the trust. It’s a safety net, not the main plan — and because a small estate may still trigger a probate filing, the goal is to fund thoroughly enough that the pour-over rarely has to work hard.
Privacy Beyond Death: Incapacity Without a Public Guardianship
Privacy isn’t only a concern after death. If you become incapacitated and your assets are tied up in your individual name without proper planning, your family may have to petition a Florida court for a guardianship under Chapter 744. Guardianship proceedings are public, expensive, and intrusive — a judge reviews your medical condition, your finances, and your daily care, often in open filings.
A living trust avoids this. The same successor trustee who handles your estate at death can step in the moment you can no longer manage your affairs, using authority you granted privately in the trust document. No court, no public determination of incapacity, no annual accountings filed with a clerk. For families focused on asset protection and discretion, this living benefit is frequently the deciding factor. The principles overlap heavily with the protective strategies discussed in elder law planning, where avoiding court-supervised guardianship is a central goal.
What a Living Trust Does Not Hide
I’d be doing you a disservice if I oversold this. A living trust delivers powerful privacy, but it is not a cloak of invisibility. Be clear-eyed about its limits:
- Beneficiaries still have rights. Under the Florida Trust Code, qualified beneficiaries are entitled to be kept reasonably informed and can request a copy of the trust and an accounting (see sections 736.0813 and following). The trust is private from the public, not from the people who inherit under it.
- Real estate transfers are recorded. A deed moving your home into the trust is filed in the Broward County public records. The deed shows the trust as owner, but the transfer itself is visible.
- It’s not by itself an asset-protection trust. A revocable trust gives you control, and that control means creditors can generally reach those assets. True creditor protection requires different, irrevocable structures — a separate conversation worth having if shielding assets from future claims is your goal.
- The IRS still sees everything. A revocable trust is tax-neutral; it uses your Social Security number and does not reduce income or estate tax on its own.
Privacy and protection are related but distinct. A living trust is the privacy and probate-avoidance workhorse. When clients also need genuine creditor and lawsuit protection, we layer in additional tools. The right architecture depends on your net worth, your exposure, and your family — which is why these plans should never be templated. For a deeper look at how different trust structures compare, Morgan Legal’s overview of trust options is a useful starting point before you sit down with counsel.
Wills vs. Living Trusts in Florida: A Quick Comparison
Many Fort Lauderdale clients ask whether they can simply rely on a will. You can — but understand the trade-off. A will controls who gets what; it does not keep that information private, because it must be probated to take effect. Here’s the practical contrast:
- Will: Becomes a public court record. Requires probate. Provides no incapacity planning. Effective only after death.
- Funded living trust: Stays private. Avoids probate for funded assets. Manages incapacity during life. Effective the moment it’s signed and funded.
For modest estates, a will may be perfectly adequate. For high-net-worth families with real estate, business interests, and heirs who value discretion, the funded living trust is usually the better fit. If you want a closer look at how wills fit into a broader plan, our discussion of Florida wills and the realities of Florida probate fills in the rest of the picture.
Getting It Right in Fort Lauderdale
The single most common mistake I see is a beautifully drafted trust sitting in a drawer, unfunded. The second is a trust copied from another state that ignores Florida’s homestead constitution and trust code. Privacy is only as good as the execution. Title the assets correctly, respect the homestead rules, name a successor trustee you genuinely trust, and revisit the plan when your life changes.
If keeping your affairs out of the public eye matters to you — and for most successful Broward County families, it does — a properly funded Florida living trust is the most reliable way to do it. Speak with a Fort Lauderdale estate planning attorney who can build the structure around your specific assets and goals rather than a generic form.
Frequently Asked Questions
Is a living trust public record in Florida?
No. A revocable living trust is a private document that is not filed with any court during your life or after your death. Unlike a will, which must be filed with the clerk of the circuit court to be probated, a funded trust is administered privately by your successor trustee, so its contents do not become public record.
Does a living trust avoid probate in Florida?
Yes, for any asset that is properly titled in the name of the trust. The catch is funding: only assets the trust actually owns avoid probate. Assets left in your individual name may still require a probate filing, which is why a pour-over will is used as a backstop alongside thorough funding.
Can my beneficiaries still see the trust?
Yes. Under the Florida Trust Code, qualified beneficiaries are entitled to reasonable information about the trust and can request a copy and an accounting. A living trust shields your affairs from the general public, not from the people who inherit under it.
Does a revocable living trust protect my assets from creditors?
Generally no. Because you keep full control over a revocable trust, creditors can typically reach those assets. A living trust is a privacy and probate-avoidance tool. True creditor protection requires irrevocable structures, which an estate planning attorney can discuss if asset protection is your objective.
Do I still need a will if I have a living trust?
Yes. Even with a fully funded trust, most plans include a pour-over will to capture any assets you did not transfer into the trust and to direct them into it. It also lets you name a guardian for minor children, which a trust cannot do.
Frequently Asked Questions
Is a living trust public record in Florida?
No. A revocable living trust is a private document that is not filed with any court during your life or after your death. Unlike a will, which must be filed with the clerk of the circuit court to be probated, a funded trust is administered privately by your successor trustee, so its contents do not become public record.
Does a living trust avoid probate in Florida?
Yes, for any asset that is properly titled in the name of the trust. The catch is funding: only assets the trust actually owns avoid probate. Assets left in your individual name may still require a probate filing, which is why a pour-over will is used as a backstop alongside thorough funding.
Can my beneficiaries still see the trust?
Yes. Under the Florida Trust Code, qualified beneficiaries are entitled to reasonable information about the trust and can request a copy and an accounting. A living trust shields your affairs from the general public, not from the people who inherit under it.
Does a revocable living trust protect my assets from creditors?
Generally no. Because you keep full control over a revocable trust, creditors can typically reach those assets. A living trust is a privacy and probate-avoidance tool. True creditor protection requires irrevocable structures, which an estate planning attorney can discuss if asset protection is your objective.
Do I still need a will if I have a living trust?
Yes. Even with a fully funded trust, most plans include a pour-over will to capture any assets you did not transfer into the trust and to direct them into it. It also lets you name a guardian for minor children, which a trust cannot do.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.