Living Trust vs Will: What Is the Difference?

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Updated October 10, 2026 · Suncoast Mobile Notary, Sarasota

This is a general overview. Which one fits you depends on your family, assets, and goals.

A will, in general terms

• A will states who should receive property after death and can name an executor.
• It takes effect at death and generally goes through the probate court process.
• Florida has specific signing and witnessing requirements for wills.

A living trust, in general terms

• A living trust is created while the person is alive and holds assets that have been placed into it.
• A named trustee manages the trust, and instructions say how assets are used or distributed.
• A trust only controls assets that have actually been transferred into it, which is called funding.

Differences people ask about

• Probate: assets held in a funded trust may not need to go through probate; assets passing by will generally do.
• Cost and effort: trusts often involve more upfront work than a simple will.
• Privacy: probate is a court process; a trust is generally private.
• Using both: many plans include a will alongside a trust.

Which is better?

We cannot say, and neither can a website. For free background, the Florida Bar publishes consumer information.

Where a notary fits

Once your documents are prepared, we can come to you to notarize signatures. See does a living trust need to be notarized?