Florida Living Trust: Everything You Need to Know

Manage and distribute assets while avoiding probate

Sales Tax: 6%Notary: $10Witnesses: 2

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REVOCABLE LIVING TRUST AGREEMENT
State of Florida

This Living Trust Agreement is made on [DATE] by:

GRANTOR/TRUSTOR:
Name: [YOUR NAME]
Address: [ADDRESS], FL [ZIP]

TRUSTEE:
Name: [TRUSTEE NAME] (may be same as Grantor)
Address: [ADDRESS], FL [ZIP]

SUCCESSOR TRUSTEE:
Name: [SUCCESSOR TRUSTEE NAME]
Address: [ADDRESS], FL [ZIP]

ARTICLE I — TRUST NAME
This trust shall be known as the "[YOUR NAME] Revocable Living Trust."

ARTICLE II — TRUST PROPERTY
The Grantor transfers the property listed in Schedule A to the Trustee to hold under the terms of this agreement.

ARTICLE III — DURING GRANTOR'S LIFETIME
The Trustee shall manage trust property for the benefit of the Grantor. The Grantor retains the right to amend, revoke, or terminate this trust at any time.

ARTICLE IV — UPON GRANTOR'S INCAPACITY
If the Grantor becomes incapacitated, the Successor Trustee shall manage trust assets for the Grantor's benefit.

ARTICLE V — UPON GRANTOR'S DEATH
Upon death, the Trustee shall distribute trust assets as follows:
1. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]
2. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]
3. [BENEFICIARY NAME]: [PERCENTAGE/DESCRIPTION]

ARTICLE VI — TRUSTEE POWERS
The Trustee shall have full power to invest, sell, lease, and manage trust property in accordance with Florida trust law.

This trust is governed by the laws of Florida (FL Statutes).

GRANTOR SIGNATURE: _____________________ DATE: _____
TRUSTEE SIGNATURE: _____________________ DATE: _____

NOTARY:
State of Florida, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________

SCHEDULE A — TRUST PROPERTY:
[LIST ALL PROPERTY TRANSFERRED TO TRUST]

FAQ: Living Trust in Florida

Is a Living Trust required in Florida?

Yes, in Florida, a Living Trust is required for most transactions of this type. Under Florida Trust Code § 736, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Living Trust may result in legal complications.

Does a Living Trust need to be notarized in Florida?

Notarization requirements in Florida (FL) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Living Trust in Florida?

Florida has a base sales tax rate of 6%. Depending on the type of transaction documented in your Living Trust, additional local taxes may apply. Consult with a Florida tax professional for specific guidance on your situation.

What is the difference between a living trust and a will?

A living trust avoids probate and takes effect immediately, while a will goes through probate after death. A trust provides privacy (not public record), can manage assets during incapacity, but requires transferring assets into the trust to be effective.

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

Yes, a "pour-over" will is recommended to catch any assets not transferred to the trust during your lifetime. The will directs those assets into the trust. You also need a will to name guardians for minor children.

Can I be my own trustee?

Yes, most people serve as their own trustee of their revocable living trust. You maintain full control of your assets during your lifetime. A successor trustee takes over if you become incapacitated or pass away.

Florida Living Trust Requirements

Review the following requirements to ensure your Living Trust is legally valid in Florida.

Grantor must be of sound mind
Successor trustee named
Trust property listed in schedule
Notarization required
Trust must be funded (assets transferred)
Revocation clause included
Distribution instructions specified
Incapacity provisions included
Governing law stated
Signed by grantor and trustee

Florida Notarization

Florida requires 2 witnesses and notarization may be mandatory. Fees typically range from $10.

Before You Sign

Review all information carefully. In Florida, a 6% sales tax may apply.

Legal Protection

Keep copies of all signed documents. Florida law requires all parties to receive copies of executed documents.

Florida Filing Deadlines

Check Florida deadlines for filing or recording this document with the appropriate county clerk's office.

Living Trust Costs in Florida

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Florida standard rate: $10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Florida
Sales Tax6%Florida base rate (local taxes may apply)
Witness Requirement2 witnessesFlorida requires multiple witnesses
Our TemplateFREEDownload instantly, no cost
Fees shown are Florida-specific estimates. Contact your local office for exact pricing.

Florida Living Trust Legal Guide

For residents of Florida, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.

Under Florida Trust Code § 736, residents of Florida must ensure this Living Trust complies with all state requirements. The current sales tax rate is 6%, and notarization costs between $10. Two witnesses are mandatory in FL.

Using this template ensures you're protected under Florida law while saving time and money on legal fees.

grantortrusteesuccessor trusteetrust assetsrevocable trustavoid probatetrust fundestate planning
Whether you're a first-time living trust user or a seasoned professional in Florida, understanding the legal nuances of this document is essential. Florida (FL) has specific statutes that govern how this form must be prepared, signed, and filed.

Smart Practices for FL Compliance

Florida has specific rules that differ from neighboring states. Always verify your document against current FL statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Florida may need updating for 2026.

How Florida Courts View This Document

Florida courts apply FL statutory standards when evaluating a Living Trust. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.

Getting It Done Right in Florida

Here's the practical approach: download, fill in your details, get signatures, and handle any FL-required notarization. Florida makes the process relatively straightforward, but attention to detail matters. Keep at least two copies — one for each party involved.

FL Compliance Checklist

Before finalizing your Living Trust, verify that it meets Florida's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by FL statute

MCE
Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Living Trust template for Florida has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Where to File Your Living Trust in Florida

Visit your local County Clerk office to file or notarize your Living Trust.

Miami-Dade County Clerk

Miami

73 W Flagler St, Miami, FL 33130

Orange County Clerk

Orlando

425 N Orange Ave, Orlando, FL 32801

Hillsborough County Clerk

Tampa

601 E Kennedy Blvd, Tampa, FL 33602

Duval County Clerk

Jacksonville

501 W Adams St, Jacksonville, FL 32202

Document Information

Document
Living Trust
State
Florida (FL)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
6%
Notary Fee
$10

Florida Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Florida may change. Consult a licensed attorney for advice specific to your situation.