Florida Trust Laws – What You Need To Know!

Trusts are a highly effective estate planning tool that allow assets to be transferred upon death without the need for probate. They help families protect their legacies for future generations. There have been some interesting changes to Florida trust laws in recent years, leaving us looking at a slightly different financial landscape in 2026.

Senate Bill 1368

Senate Bill 1368 was signed into law in 2023. This bill changed existing laws to create new opportunities for Floridians who want to conserve and build familial wealth. Arguably, the most important change it made to existing laws was to extend the life of a trust from 360 to 1,000 years. This makes Florida an outlier, as most states maintain trust lifespans of only up to 90 years.

SB 1368 also enacted the Community Property Trust Act, allowing married parties to hold shared assets within community property trusts. Prior to the recent bill, community property trusts were established only upon one spouse’s death. The new law gives a tax advantage to married couples who opt for community property trusts.

Senate Bill 262

In 2025, Florida updated its trust laws again via Senate Bill 262. SB 262 creates expanded powers for authorized trustees. Authorized trustees are defined as trustees who are not settlors or beneficiaries. They now have a broader ability to alter trusts and transfer assets to new trusts.

Now, authorized trustees can change terms, extend trust durations, and even modify beneficiary interests. Limited authority trustees are in a slightly different situation according to the new laws. They can decant assets, but must maintain the beneficiaries’ interests substantially unchanged.

One of the most important elements of Florida’s new trust law is that it allows authorized trustees to create new supplemental needs trusts and move money into them, provided they maintain the original trust’s purpose and safeguard the beneficiaries’ interests.

In addition to increasing the powers of authorized trustees, SB 262 also barred successor trustees from pursuing claims against former trustees that couldn’t be brought by the beneficiaries themselves. The purpose of this change was to create a smoother transition between trustees without creating a possibility of reopening already settled issues.

The newest law also prevents tax reassessment for the transfer of homestead property into a community property trust. This provision helps to offset some of the potential tax consequences of community property trusts that were created by SB 1368. The transfers are treated as a change in title to preserve the homestead exemption.

How Popular Are Trusts in Florida?

Only around 13% of Americans report having living trusts in place. However, this form of estate planning is more popular among older Americans than younger people with fewer assets to protect. Florida is home to roughly 4,638,000 seniors ages 65 and up, second only to California. Trusts are a popular method for transferring wealth and property to family members and other beneficiaries in the Sunshine State.

How an Attorney Can Help You Establish or Manage Your Trust

Trust attorneys make it their business to stay up to date on changing trust laws so they can help their clients navigate the complex field of estate planning as efficiently and effectively as possible. Your attorney can:

• Explain Florida’s new and previously existing trust laws
• Help you decide what type of trust to establish
• Draft all of the documents required to establish your trust
• Assist trustees with managing the trust once it’s established
• Ensure compliance with the Florida Trust Code
• Resolve disputes and handle litigation

You can rely on your experienced trust lawyer from the Law Office of Douglas A. Oberdorfer, P.A., to ensure that your documents are legally binding and can avoid probate in the event of your death. We have assisted numerous clients with their trusts and are ready to help you, too.

FAQs About Florida Trust Laws

What Are the Disadvantages of a Trust in Florida?

The primary disadvantages of a trust in Florida are cost-related. It is expensive to set up a trust compared to drafting a basic last will and testament, and there are ongoing expenses associated with maintaining it. However, trusts offer an effective way to protect assets and ensure your ongoing privacy. If you have substantial assets, it’s worth working with a Florida trust lawyer to explore all your options.

What Is the New Trust Law in Florida?

The new trust law in Florida is SB 262, which took effect in 2025. This bill amended the Florida Trust Code to clarify certain aspects of trustees’ authority and responsibilities. It creates a new framework for how trustees manage property on behalf of the beneficiaries, expanding powers for authorized trustees.

Should You Put Your House in a Trust in Florida?

You should consider putting your house in a trust in Florida. Placing your house in a revocable living trust can help you avoid probate and maintain privacy upon your death, making it easier for the property to be transferred to the appropriate beneficiaries. However, setting up a trust involves certain costs and potential tax repercussions, so it’s not the right solution for everyone.

What Are the Requirements for a Trust to Be Valid in Florida?

The requirements for a trust to be valid in Florida include a competent grantor and trustee, clearly defined assets and beneficiaries, and a clear intent. All of the details of the trust, including its terms, must be conveyed in writing and signed by the grantor with a notary and two witnesses before the trust can be funded.

Hire a Trust Attorney

If you’re ready to establish a trust in Florida, you should hire a trust attorney to help you draft all of the necessary legal documents. The team here at the Law Office of Douglas A. Oberdorfer, P.A., can help. We are intimately familiar with Florida trust laws and how they apply to different estate planning situations. We can provide you with the assistance you need in your trust case, even if you’ve got a complicated financial situation. Contact us to schedule a consultation today.