Home › Florida Estate Planning › Living Trust Cost
A living trust in Florida costs $1,500 – $3,500 attorney-drafted, $2,500 – $5,000 for a couple’s full plan, or $100–$600 online. Probate in Florida is cheaper and simpler than in states with statutory fee schedules, so the honest case for a trust here rests on privacy, incapacity planning, and speed more than on avoided cost.
For a straightforward Florida estate, online is a reasonable route.
If your assets are in Florida only, with no blended family and no estate-tax exposure, an online service like Trust & Will produces a complete Florida trust in about an hour.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Florida Living Trust Cost (2026)
| What You’re Paying For | Florida Range | Notes |
|---|---|---|
| Online trust service | $100 – $600 | Florida-specific documents; funding is on you |
| Living trust, attorney-drafted | $1,500 – $3,500 | Individual, straightforward assets |
| Full estate plan (couple) | $2,500 – $5,000 | Trust + will + POA + directive |
| Deed transfer into trust | $150 – $400 per property | Every Florida property needs one |
Typical flat fees reported by Florida attorneys and legal directories, reviewed quarterly. A guide, not a quote.
What Probate Actually Costs in Florida
- Surviving spouse + minor child: Homestead cannot be devised at all — not even to the surviving spouse. It descends by operation of law.
- Surviving spouse, no minor child: Homestead may only be devised to the spouse. It cannot be left to children, siblings, charity, or anyone else (unless the spouse waives this right).
- No surviving spouse, minor child: Homestead cannot be devised away from the minor child.
- No surviving spouse, no minor child: Homestead can be devised to anyone.
- Probate avoidance: Property passes outside of probate entirely
- No Medicaid estate recovery: Florida’s Medicaid estate recovery is limited to the probate estate. Lady Bird deed property isn’t in the probate estate.
- Homestead exemption preserved: The grantor maintains their homestead tax exemption during life
- Homestead devising restrictions still apply: If the grantor is survived by a spouse or minor child, the constitutional restrictions on devising homestead may complicate or override the Lady Bird deed.
- Creditor protection: A creditor with a judgment against only one spouse cannot reach TBE property. The creditor must have a judgment against both spouses to attach TBE assets.
- Survivorship: When one spouse dies, the entire property passes automatically to the surviving spouse — no probate needed.
- Asset protection: from creditors, lawsuits, and divorce proceedings
| Item | Florida |
|---|---|
| Simple living trust (individual) | $1,500 – $3,500 Single person, straightforward assets |
| Living trust (married couple) | $2,500 – $5,000 Married, joint or separate trusts |
| Full estate plan package (trust + will + POA + healthcare directive) | $2,000 – $6,000+ Most families — this is what you actually need |
| $500,000 | ~$30,000 (3% x 2) $2,500-$5,000 $25,000-$27,500 |
| $1,000,000 | ~$60,000 (3% x 2) $3,000-$6,000 $54,000-$57,000 |
| $2,000,000 | ~$95,000 (blended rate x 2) $4,000-$7,000 $88,000-$91,000 |
Full Florida probate rules and thresholds: our Florida estate planning guide.
What each price point buys in Florida
- $100–$600 (online): A valid Florida trust document, pour-over will, and directives. You do the funding — every Florida deed transfer, every account retitling.
- $1,500 – $3,500 (attorney, individual): Custom drafting, review of how your assets are titled, and usually one deed included. Confirm that last part before you sign.
- $2,500 – $5,000 (attorney, couple): Adds marital property planning.
Trust vs. probate in Florida
| With a Trust | Without | |
|---|---|---|
| Cost | $2,000-$6,000 (one-time trust creation) | 3-6% of estate value in attorney + PR fees (statutory schedule) |
| Timeline | Weeks to a few months | Months to over a year |
| Privacy | Private | Public court record |
Online or Florida Attorney?
| Situation | Route |
|---|---|
| Assets only in Florida, standard estate | Online service |
| Property in 2+ states, blended family, business | Attorney |
The dividing line is funding, not drafting. Online documents are valid in Florida; what they don’t do is retitle your assets. See funding your trust.
Other Florida rules that affect the plan
- No dollar cap.: A $5 million waterfront home receives the same constitutional protection as a $200,000 condo. This is unlimited.
- Acreage limits: Inside a municipality: up to one-half acre. Outside a municipality: up to 160 contiguous acres.
- Survives death: The protection extends to the surviving spouse and heirs.
- Surviving spouse, no descendants: Spouse takes fee simple ownership.
- No surviving spouse: Descends to lineal descendants per stirpes.
- Medicaid safe: Because the grantor retains full control, a Lady Bird deed does not count as a transfer for Medicaid’s 5-year look-back rule
- Full stepped-up basis: Beneficiaries receive the property at current market value for capital gains purposes
- Not a completed gift: Does not trigger federal gift tax reporting
- No statutory basis: Lady Bird deeds in Florida are recognized through case law and practice standards, not statute. This hasn’t prevented widespread use, but it means careful drafting is essential.
- Only 5 states recognize Lady Bird deeds: Florida, Texas, Michigan, West Virginia, and Vermont.
- Automatic for married couples: When married couples take title to real property together, Florida presumes TBE. Bank accounts held jointly by spouses are also presumed TBE.
- Federal exception: The IRS can reach TBE property for federal tax debts of one spouse (United States v. Craft, 535 U.S. 274).
Recent Florida Changes Worth Knowing
- 2024 — Homestead protections expanded: Greater protections for surviving spouses against forced sale. Elective share trust guidelines clarified (F.S. 732.2025). Digital asset provisions expanded for probate and trust administration.
- July 2022 — Dynasty trusts extended to 1,000 years: Florida amended F.S. 689.225, extending the maximum trust duration from 360 years to 1,000 years for trusts created on or after July 1, 2022.
- July 2021 — Community Property Trust Act: F.S. 736.1501-736.1512 enacted, allowing married couples to opt into community property treatment for the double step-up in basis benefit.
- July 2021 — Florida Uniform Directed Trust Act (FUDTA): Allows bifurcation of trustee responsibilities between trust directors and directed trustees.
- Federal — OBBBA (July 2025): The federal estate tax exemption is now permanently set at $15 million per individual ($30 million per married couple) starting 2026, with inflation adjustments beginning 2027. The scheduled sunset to ~$7 million did not happen.
Living trust costs in nearby states
Attorney pricing and probate rules shift at the state line — compare Florida with Georgia, Alabama.
When to Hire A Florida Attorney
Online stops being the right answer when the estate has moving parts: property in more than one state, a blended family, a business, or anyone you intend to exclude.
- Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
- Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
- Don’t buy complexity you don’t have.
Three ways to pay less in Florida
- Compare two or three flat-fee quotes. Identical Florida trust packages vary by $1,000 or more inside the same metro, and almost nobody shops it.
- Count the deeds before comparing prices. At $150–$400 apiece, with properties in multiple counties each needing their own recorded transfer, a quote including one deed can beat a cheaper quote including none.
- Match the product to the situation. A home and retirement accounts in Florida only is the exact case the online route handles well.
Official sources: leg.state.fl.us
FAQ
How much does a living trust cost in Florida?
$1,500 – $3,500 attorney-drafted, $2,500 – $5,000 for a couple’s full estate plan, or $100 to $600 through an online service. Add $150 to $400 per property for the deed transfers that fund it.
Is a living trust worth it in Florida?
A trust costs $2,000-$6,000 (one-time trust creation) once, against probate at 3-6% of estate value in attorney + PR fees (statutory schedule).
Can I make my own living trust in Florida?
Yes — online services produce valid Florida documents. The risk is funding: a trust that doesn’t hold title to your home doesn’t avoid probate for it.
If the online route fits your situation, Trust & Will’s trust plan covers Florida and takes about an hour.
More: Living trust costs nationwide · Florida estate planning guide · Funding your trust
Last updated: August 2026. Educational information, not legal advice or a quote.