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Florida
Updated October 15, 2026
Florida is the state where a revocable trust is signed like a will. Statute 736.0403(2)(b) makes the trust's testamentary aspects invalid unless the settlor signs 'with the formalities required for the execution of a will in this state', and 732.502 sets those: signed at the end, in the presence of two attesting witnesses who sign in the presence of the testator and of each other.
Florida Statutes 736.0403, 736.0402, 732.502 and 735.201 at leg.state.fl.us, read Oct 14, 2026.
736.0403(1), where a trust is valid. 'A trust not created by will is validly created if the creation of the trust complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation, the settlor was domiciled.'1
736.0403(2)(a), land. 'Notwithstanding subsection (1): (a) No trust or confidence of or in any messuages, lands, tenements, or hereditaments shall arise or result unless the trust complies with the provisions of s. 689.05.'1 Section 689.05 was not read for this page and is not described here.
736.0403(2)(b), the will formalities. '(b) The testamentary aspects of a revocable trust, executed by a settlor who is a domiciliary of this state at the time of execution, are invalid unless the trust instrument is executed by the settlor with the formalities required for the execution of a will in this state. For purposes of this subsection, the term "testamentary aspects" means those provisions of the trust instrument that dispose of the trust property on or after the death of the settlor other than to the settlor's estate.' Subsection (3) excludes trusts that are part of certain retirement plans, and (4) applies the paragraph to trusts created on or after the code's effective date1.
732.502, execution of wills. 'Every will must be in writing and executed as follows: (1)(a) Testator's signature. 1. The testator must sign the will at the end; or 2. The testator's name must be subscribed at the end of the will by some other person in the testator's presence and by the testator's direction. (b) Witnesses. The testator's: 1. Signing, or 2. Acknowledgment ... must be in the presence of at least two attesting witnesses. (c) Witnesses' signatures. The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.'3 Read together with 736.0403(2)(b), a Florida resident's revocable trust that leaves property to anyone at death is signed at the end before two witnesses who sign in front of the settlor and of each other. 732.502 names no notary; a notary appears in the self-proving affidavit procedure covered on Florida will requirements.
736.0402, requirements for creation. '(1) A trust is created only if: (a) The settlor has capacity to create a trust. (b) The settlor indicates an intent to create the trust. (c) The trust has a definite beneficiary or is: 1. A charitable trust; 2. A trust for the care of an animal, as provided in s. 736.0408; or 3. A trust for a noncharitable purpose, as provided in s. 736.0409. (d) The trustee has duties to perform. (e) The same person is not the sole trustee and sole beneficiary.'2
735.201, summary administration. 'Summary administration may be had in the administration of either a resident or nonresident decedent's estate, when it appears: (1) In a testate estate, that the decedent's will does not direct administration as required by chapter 733. (2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $150,000 or that the decedent has been dead for more than 2 years.' The history line ends 's. 7, ch. 2026-57', so this is the 2026 text4.
| Rule | What the statute says | Where |
|---|---|---|
| Signing a revocable trust1 | Testamentary aspects invalid unless executed 'with the formalities required for the execution of a will in this state' | 736.0403(2)(b) |
| Will formalities3 | In writing; signed at the end; in the presence of at least two attesting witnesses; witnesses sign in the presence of the testator and of each other | 732.502 |
| Notary3 | Not named in 732.502 or 736.0403; self-proving affidavits are a separate procedure | 732.502 |
| Land in trust1 | Must comply with s. 689.05 (not read for this page) | 736.0403(2)(a) |
| Out-of-state trusts1 | Valid if it complies with the law where executed or where the settlor was domiciled, subject to (2) | 736.0403(1) |
| Creation2 | Capacity, intent, definite beneficiary (or charitable, animal or purpose trust), trustee duties, not sole trustee and sole beneficiary | 736.0402 |
| Summary administration4 | Estate subject to administration, less exempt property, $150,000 or less, or decedent dead more than 2 years | 735.201 (2026) |
| Source | leg.state.fl.us, 2026 Florida StatutesRead Oct 14, 2026 | leg.state.fl.us, 2026 Florida StatutesRead Oct 14, 2026 |
Paraphrased in the table; the statutes' words are quoted above. Chapter 736 has many other sections not covered here.
Prices from each service's own page. None of the pages gives a Florida-specific signing rule; the witness instruction each prints is noted in the last column.
| Service | Trust price | Will price at the same service | Trust minus will (our arithmetic) | What the trust package includes (the service's words) | Signing and funding (the service's words) |
|---|---|---|---|---|---|
| Trust & Will Trust Plan5See pricesOpens Trust & Will's site. Not a referral link. | $499 one person; $599 couples | $199 one person; $299 couples | $300 (our arithmetic, either plan size) | Revocable Living Trust, Pour Over Will, HIPAA Authorization, Living Will, Power of Attorney, Schedule of Assets, Certification of Trust; 'Trust funding guide' in the compare table | 'Sign and notarize at your convenience'; then 'Fund your trust' with its guide |
| LegalZoom Basic Trust7Get a quote | $399 one person; $499 couples | $129 Basic Will one person; $229 couples | $270 (our arithmetic, Basic trust minus Basic will; the trust package adds a directive, power of attorney and HIPAA form that the Basic will lacks) | Living trust, pour-over will, healthcare directive, financial power of attorney, HIPAA authorization, certificate of trust, schedule of assets, bill of transfer, 30 days of revisions, one printed set | 'Sign and transfer ownership to your trust'; download in 2 to 3 business days |
| EZ Will and Trust Trust Package10Get a quote | $550 single; $650 joint | $149 Will Package | $401 single (our arithmetic) | Revocable Living Trust, Certificate of Trust, Pour-Over Will, Durable Financial Power of Attorney, Advance Healthcare Directive with HIPAA, editable documents, 1 year storage ($19.99/year after) | You print, sign and have the documents 'witnessed and/or notarized according to state requirements' |
| WillMaker Plus Plan12See pricesOpens WillMaker's site. Not a referral link. | $149 | $109 Starter Plan (will, directive, final arrangements; no trust) | $40 (our arithmetic, Plus minus Starter) | Plus adds Durable Power of Attorney, Letters to Survivors, Living Trust, Transfer on Death Deed and the download version; up to five of each document | 'Living trusts are notarized' per its FAQ; state-specific signing instructions |
| LawDepot living trust template9Get a quote | 7-day trial, then $49/month; estate documents $35/month or $107.88/year; all documents $155.88/year; single document $7.50 to $119 | Same subscription covers the will | No difference on a subscription; the single-document price for the trust is not stated | Revocable living trust document; a pour-over will is a separate document | 'Sign it in front of a notary public'; a trustee other than you also signs; retitle assets (new deed, update accounts) |
| Source | Each service's trust pageRead Oct 14, 2026 | Each service's will pageRead Oct 14, 2026 | Our arithmeticRead Oct 14, 2026 | Each service's trust pageRead Oct 14, 2026 | Each service's trust pageRead Oct 14, 2026 |
A dash means the page does not state it. Trust & Will's will price ($199) and LegalZoom's ($129) are from those services' will pages read the same day68.
Witnesses. Trust & Will is the only one of the five pages that names Florida: 'A Trust, unlike a Will, does not need to be signed in front of any witnesses unless you live in Florida'5. EZ Will and Trust's signing instructions say 'Most states require two adult witnesses (notary is your 2nd witness)'11; 732.502 asks for two attesting witnesses who sign in the presence of the testator and of each other, and does not say a notary counts as one3. LawDepot's steps mention a notary and a co-signing trustee but no witnesses9; WillMaker's FAQ says 'Living trusts are notarized' and that documents come 'with signing instructions specific to your state'12; EZ Will and Trust's FAQ says you have documents 'witnessed and/or notarized according to state requirements'10.
Notary. Neither 736.0403 nor 732.502 names a notary13. The services' notary instructions are about banks, real property and self-proving: Trust & Will says 'many banks and financial institutions will require your Trust to be notarized'5. Whether your deed or your bank requires one is a question for the recording office, the institution or a Florida lawyer.
Funding. LegalZoom: 'If you die without funding your living trust, your estate will be subject to the probate process'7. LawDepot: 'File a new deed transferring the property to the trust's name'9. For Florida land, 736.0403(2)(a) sends the trust to s. 689.05, which this page did not read1.
Step 1
Capacity, intent, a definite beneficiary, duties for the trustee, and not the same person as sole trustee and sole beneficiary.
Step 2
736.0403(2)(b) imports the will formalities of 732.502: two attesting witnesses who sign in the presence of the settlor and of each other.
Step 3
The two sections name no notary. Trust & Will says institutions ask for one; LawDepot and WillMaker tell customers to notarize.
Step 4
Land in trust must comply with s. 689.05 (736.0403(2)(a)); LawDepot's step is a new deed in the trust's name.
Step 5
$150,000 after exempt property, or a decedent dead more than 2 years, under the 2026 text of 735.201.
Good for a one-time trust package with a POA and directive
Good for a state trust form you complete yourself
Good for a template with step-by-step notarizing and funding
Good for a one-time price with an optional year of attorney calls
Good for a trust with the Will Plan documents bundled
For a Florida domiciliary, 736.0403(2)(b) makes the trust's testamentary aspects invalid unless it is executed with the formalities of a will, and 732.502 requires two attesting witnesses who sign in the presence of the testator and of each other. Trust & Will's page says the same in its own words.
Neither 736.0403 nor 732.502 names a notary. The services tell customers to notarize for banks, real property and self-proving affidavits. Ask a Florida-licensed lawyer about your trust and deed.
The 2026 text of 735.201 says the estate subject to administration, less property exempt from creditors' claims, must not exceed $150,000, or the decedent must have been dead for more than 2 years. The history line cites ch. 2026-57.
736.0403(2)(b) defines them as 'those provisions of the trust instrument that dispose of the trust property on or after the death of the settlor other than to the settlor's estate'. A revocable living trust that names beneficiaries at death has them.
736.0403(1) accepts a trust that complies with the law where it was executed or where the settlor was domiciled, but subsection (2) applies 'Notwithstanding subsection (1)', so the Florida will formalities still govern a Florida domiciliary's trust.
On Oct 14, 2026: $399 (Basic) or $549 (Premium) at LegalZoom, $499 at Trust & Will, $550 single or $650 joint at EZ Will and Trust, $149 for WillMaker's Plus Plan, and a subscription at LawDepot (7-day trial, then $49/month). Witness, notary and deed recording costs are not on any page.
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Prices, plans and terms belong to each service and can change. The service's own page is the final word on price, availability and terms.
WillWise Guide is not a law firm, does not give legal advice and does not match anyone with a lawyer. The statutes are quoted as published on the dates shown and cover three states only. For advice about your situation, speak to a lawyer licensed in your state.