When it comes to estate planning, many families in South Florida share one goal: making sure loved ones can inherit smoothly, without the time, stress, and expense of probate. One of the most effective legal tools to achieve this is a living trust. By creating and properly funding a living trust, you can keep your assets out of probate court and ensure your heirs have immediate access to what you’ve left behind.

At Garcia, Miranda & Gonzalez-Rua, P.A., our attorneys help families in Hollywood, Miami, and throughout South Florida create personalized estate plans that avoid unnecessary complications.

What Is a Living Trust?

A living trust (often called a revocable living trust) is a legal arrangement where you transfer ownership of your assets—such as your home, bank accounts, or investments—into a trust while you’re alive. You remain in control as the trustee and can change or revoke the trust at any time. Upon your death, the assets in the trust pass directly to your chosen beneficiaries, without going through probate.

Benefits of a Living Trust

Creating a living trust offers several advantages for families in Florida:

• Avoiding probate – Assets in the trust transfer directly to beneficiaries, saving time and court costs.
• Privacy – Unlike wills, trusts are not public records, keeping your estate private.
• Flexibility – You can amend or revoke the trust during your lifetime.
• Continuity – If you become incapacitated, your successor trustee can manage the trust without court intervention.
• Faster access – Heirs can use assets without waiting for probate proceedings to finish.

How a Living Trust Avoids Probate in Florida

Probate is the court-supervised process of validating a will and distributing assets. It can take months—or even years—depending on the complexity of the estate. A properly funded living trust bypasses this process. Because the trust legally owns the assets, there is no need for probate court approval.

This not only speeds up the transfer of assets but also spares your loved ones from unnecessary stress during an already difficult time.

What Happens If You Don’t Have a Living Trust?

Without a trust—or another probate-avoidance tool such as a Lady Bird Deed—your assets will likely go through probate. This means the court will oversee debt payments, taxes, and distribution of what remains to your heirs. If you pass away without a will (intestate), Florida law determines who inherits your property, which may not reflect your wishes.

Why Work With an Attorney?

While online templates exist, trusts must be carefully drafted and executed under Florida law to be effective. Mistakes in creating or funding a trust can result in assets still ending up in probate.

At Garcia, Miranda & González-Rúa, P.A., we tailor every trust to meet the unique needs of your family. From drafting the trust to ensuring your assets are properly titled, we guide you step by step to create a plan that protects your legacy.

Take Control of Your Estate Plan

A living trust is one of the most powerful tools for avoiding probate in Florida, but only if it’s done correctly. Our team of experienced attorneys can help you design a plan that ensures your wishes are carried out and your loved ones are cared for.