Florida Living Trust Funding Mistakes

Quick answer: the single most common mistake is signing the trust but never retitling assets into it — especially real estate. An unfunded trust leaves the estate in full Florida probate. See what that would cost in the Florida probate vs living trust calculator.

1. Real estate never deeded into the trust

Florida real estate requires a new deed transferring the property from the individual owner's name into the trust's name, and that deed must be properly recorded with the county. A trust document alone, however carefully drafted, does not move title on its own — this is consistently the single biggest funding gap.

2. Homestead property titled incorrectly

Why this deserves extra attention: Florida's homestead protections carry their own specific rules about devise and transfer that interact with how the property is titled into a trust. Getting the homestead deed wrong can create complications beyond a simple funding gap — this is one area where it's worth confirming directly with the drafting attorney that the deed was handled correctly, not assuming it happened automatically.

3. Financial accounts left titled individually

Bank and brokerage accounts need to be either retitled into the trust's name or given trust beneficiary designations. Accounts left in an individual's name pass outside the trust and typically land back in the probate estate.

4. Assets acquired after the trust was created

A trust only covers what's actually transferred into it. A new account, vehicle, or newly purchased property acquired after the trust was signed needs its own separate transfer — the trust doesn't automatically absorb future acquisitions.

5. Assuming summary administration is a safety net

If unfunded assets are non-exempt personal property or real estate under $150,000 in value, summary administration is available — but that's a consolation for a funding mistake, not the intended outcome of setting up a trust. Larger unfunded assets go through full formal administration, fee schedules and mandatory creditor period included.

Facing probate in Florida?

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Funding mistakes — frequently asked questions

Does signing a Florida trust document avoid probate by itself?

No. Signing only creates the trust; assets must actually be retitled into the trust's name — a step called funding. An unfunded or partially funded trust leaves those assets to go through ordinary Florida probate regardless of what the trust document says.

What's the most common Florida trust funding mistake?

Real estate that's never deeded into the trust. Florida requires a new deed transferring the property into the trust's name, properly recorded with the county — a signed trust document alone doesn't move title, and this is especially easy to overlook with a Florida homestead.

Does homestead property complicate Florida trust funding?

It can. Florida's homestead protections carry specific rules about devise and transfer that interact with how a homestead is titled into a trust — getting this wrong can create complications beyond a simple funding gap, so homestead deeds are worth extra attention.

Does summary administration rescue an unfunded Florida trust?

Only if the leftover unfunded assets are non-exempt personal property or real estate under $150,000 in value — but that's a consolation, not the intended outcome, and larger unfunded estates face full formal administration with its fee schedules and mandatory creditor period.

Estimate for general guidance only, not legal advice. Based on Fla. Stat. § 735.201. Confirm the correct funding steps for your specific assets, especially homestead property, with a licensed Florida estate planning attorney.