Only for the assets the trust actually owns. Property that was transferred to the trust during life, or that names the trust as beneficiary, passes under the trust without probate. Anything still in the decedent’s own name usually has to go through probate, often under a “pour-over” will that sends it into the trust afterward (§ 732.513).
Even when everything is in the trust, the successor trustee still has real work to do, and the trust can be required to pay estate expenses and debts the probate estate cannot cover (§ 733.707(3)).
Why assets get left out
- The home was never deeded to the trust, or was refinanced and deeded back out.
- An account was opened after the trust was signed and never retitled.
- A car, a small account, or an inheritance received late in life stayed in the person’s name.
- A beneficiary designation names “my estate.”
What the successor trustee still has to do
Trust administration usually happens without a court case, but it involves duties: notifying beneficiaries, keeping them reasonably informed, providing accountings (§ 736.0813), filing a notice of trust with the court (§ 736.05055), gathering and protecting assets, paying expenses and taxes, and distributing under the trust’s terms. A trustee who distributes too early can be exposed if estate debts later need to be paid from the trust (§ 736.05053).
Homestead in a trust
If the decedent was survived by a spouse or minor child, Florida’s restrictions on leaving a homestead apply to a revocable trust just as they apply to a will (§ 732.4015). The trust’s instructions for the home may not control.
What changes the answer
- Whether each asset was actually transferred to the trust, or names it as beneficiary
- Whether the leftover probate assets qualify for summary administration
- Whether the decedent left debts the probate estate cannot pay
- Whether the home was homestead and a spouse or minor child survives
An example
A couple signed revocable trusts ten years ago and deeded their house to the husband’s trust. After the husband dies, his widow, as successor trustee, finds that a certificate of deposit he bought last year is in his name alone. The house passes under the trust without probate; the certificate of deposit needs a probate proceeding, and under his pour-over will it then goes to the trust. Because he was survived by his wife, the house is also reviewed under Florida’s homestead rules before it is distributed.
Common misunderstandings
- “We have a trust, so there’s nothing to do.” The trustee has duties, notices, and possibly taxes.
- “The trust protects the assets from creditors.” Not a revocable trust.
- “The pour-over will avoids probate.” It works through probate.
What to gather
- The trust and all amendments, and the pour-over will
- Statements and deeds showing which assets are titled to the trust
- A list of assets still in the decedent’s name
- Beneficiary designations on insurance and retirement accounts
Next step
Compare the trust’s schedule of assets with how each asset is actually titled today. Anything not in the trust’s name, and without a beneficiary, is a probate asset.
Related guidance
- Revocable living trusts
- What duties does a successor trustee have?
- What is a pour-over will?
- Can creditors reach a trust after death?
Sources: Florida Statutes § 732.4015, § 732.513, § 733.707, § 736.05053, § 736.05055, and § 736.0813 (2026). Checked on October 23, 2026.