A living trust in Florida usually costs between $1,500 and $2,500 when an estate planning attorney drafts it for a straightforward situation, and $3,000 to $5,000 or more when the estate is complex. Online do-it-yourself trusts run a few hundred dollars. Those are the drafting fees only; the fuller cost picture includes funding the trust, future amendments, and the probate expenses a trust is designed to avoid.
What Each Price Tier Covers
Florida estate planning attorneys typically quote trust work as a flat fee rather than an hourly rate. The tier you land in depends on how complicated your assets and beneficiaries are.
A simple trust at $1,500 to $2,500 fits a primary residence, a few bank accounts, and a straightforward distribution plan. That price usually includes the trust document, a pour-over will, and basic instructions for funding.
A moderate trust at $2,500 to $3,500 is appropriate when you own multiple properties, have minor children who need guardianship provisions, have retirement accounts that need beneficiary coordination, or want staggered distributions tied to age.
A complex trust at $3,000 to $5,000 or higher covers business interests, rental properties, blended families, special needs beneficiaries, or federal estate tax planning. Trusts at this level often build in sub-trusts that activate after death.
Flat fees give you cost certainty, but the contents of the package vary. Some attorneys bundle the trust with a durable power of attorney, healthcare directive, and pour-over will. Others price each document separately. Ask before you compare quotes.
What Pushes the Price Higher
Four things reliably move a quote toward the top of the range.
Asset diversity is the biggest driver. Each category of asset (real estate, brokerage accounts, business interests, intellectual property) needs its own transfer language and funding instructions, so more asset types mean more drafting time.
Beneficiary complexity is the next factor. Many beneficiaries, unequal shares, special needs provisions, or conditions tied to age or milestones all require more detailed drafting than a simple equal split.
Trust type matters as well. A revocable living trust is the standard and least expensive option; under Florida law, a trust is presumed revocable unless it expressly says otherwise, so you keep full control during your lifetime.1Online Sunshine. Florida Statutes 736.0602 – Revocation or Amendment of Revocable Trust An irrevocable trust, which offers different tax treatment, costs more to draft because it cannot easily be changed after signing.
Attorney location and experience close out the list. Attorneys in Miami, Fort Lauderdale, or Tampa generally charge more than those in smaller markets, and specialized estate planning attorneys charge more than general practitioners.
Costs Beyond the Drafting Fee
The quoted fee is not the total. A living trust has several additional costs that surface during setup and over the years that follow.
Funding the Trust
A trust only works if you actually transfer assets into it. An unfunded trust provides zero probate avoidance because the assets still legally belong to you individually.
Transferring real estate requires recording a new deed with the county clerk. Florida recording fees start at $10 for the first page and $8.50 for each additional page. Transferring real estate into your own revocable trust without any exchange of money should not trigger documentary stamp tax because there’s no consideration involved. Some attorneys include deed preparation in their flat fee; others charge $250 to $500 per property. Retitling bank accounts, brokerage accounts, and similar financial assets usually costs nothing but takes time and paperwork with each institution.
Amendments and Restatements
Life changes require trust updates. A simple amendment that modifies one or two provisions typically runs $300 to $750. A full restatement, which rewrites the trust to reflect a divorce, new children, or a substantially different estate, runs $1,000 to $2,500. Returning to the attorney who drafted the trust often makes changes cheaper because the plan is already familiar.
Professional Trustee Fees
If you name a corporate or professional trustee instead of a family member, expect ongoing fees of roughly 0.5% to 2% of trust assets per year. For a $500,000 trust, that’s $2,500 to $10,000 annually. Most people name themselves as trustee during life and designate a family member as successor trustee to take over at death, which avoids this cost entirely.
Tax Return After Death
While you’re alive, a revocable living trust is invisible to the IRS. It uses your Social Security number, and trust income goes on your personal Form 1040. Once you die, the trust becomes irrevocable and needs its own EIN, and the successor trustee must file Form 1041 for any income the trust earns. A CPA typically charges $500 to $1,500 annually to prepare that return, though trusts that distribute all income to beneficiaries each year may owe little or no tax at the trust level.
DIY and Online Alternatives
Online legal services sell living trusts for a fraction of attorney fees. LegalZoom prices a basic individual trust around $399 and a couple’s trust around $499, with premium packages at $549 to $649. Software like Quicken WillMaker & Trust 2026 is another route for people who prefer to work offline.
These tools work for genuinely simple situations: one or two bank accounts, no real estate wrinkles, and a plan of “everything to my spouse, then my kids.” Florida has specific rules around homestead property, trust funding, and creditor protections that a generic template may not handle correctly. A trust that looks complete but misses a Florida-specific rule can create more expense down the road than the attorney fee would have cost up front. If you own Florida real estate or have any complexity in your family, professional drafting is worth it.
Is a Living Trust Worth It Compared to a Will?
A simple will in Florida runs about $300 to $800 from an attorney, which looks like a bargain next to a $1,500+ trust. The gap closes and then reverses when you factor in what a will costs your estate at death.
What Florida Probate Costs
Probate is the court-supervised process of identifying assets, paying debts, and distributing what’s left to heirs.2Florida Courts. Probate Formal probate administration in Florida carries several layers of expense:
- A court filing fee of $395 to open a formal administration.3Florida Senate. Florida Statutes 28.2401 – Service Charges and Filing Fees
- Notice to creditors published in a local newspaper, typically $100 to $300 depending on the county.
- Attorney fees on a presumptively reasonable schedule set by statute. For estates over $100,000, the attorney earns 3% on the portion between $100,000 and $1 million, 2.5% between $1 million and $3 million, and lower percentages above that.4FindLaw. Florida Code 733.6171 – Compensation of Attorney for the Personal Representative
- Personal representative commission of 3% on the first $1 million, 2.5% on the next $4 million, and decreasing percentages above.5Online Sunshine. Florida Statutes 733.617 – Compensation of Personal Representative
A $500,000 Estate, Worked Out
On a $500,000 estate in formal probate, the attorney earns roughly $3,000 in base compensation (the first $100,000 at the flat-fee tiers, then 3% on the remaining $400,000), and the personal representative earns about $15,000 (3% of $500,000). Add the $395 filing fee and $100 to $300 for creditor notice, and the total is roughly $18,500 to $18,700 in fees and court costs, before any complications. Formal administration typically takes six to nine months, during which beneficiaries wait.
A properly funded living trust sidesteps that entire process for the assets it holds. Spending $1,500 to $3,500 on a trust reads differently when it replaces $18,000 or more in probate expenses on a moderate estate. The breakeven is low: an estate with roughly $150,000 in probatable assets already generates enough probate fees to exceed the cost of setting up the trust.
Getting an Accurate Quote
Before you call an attorney, put together a basic inventory: your assets (real estate, bank accounts, investment accounts, retirement accounts, life insurance, business interests), their approximate values, and a rough idea of who should receive what. The more organized you are, the faster an attorney can gauge complexity and give you a reliable number.
At the consultation, ask specific questions:
- Is the fee flat or hourly? Flat is standard for Florida trust work, but confirm.
- What’s included? Just the trust, or a full estate plan with pour-over will, power of attorney, and healthcare directive?
- Does funding help cost extra? Some attorneys retitle real estate and financial accounts as part of the package; others bill deeds and transfers separately.
- What about future changes? Ask whether the attorney offers reduced amendment rates if you return within a set period.
Consult two or three estate planning attorneys. Many offer free or low-cost initial consultations, and comparing quotes gives you a feel for the local market. Cheapest is not always best value: an attorney who charges $500 more but includes deed preparation and account transfer assistance often saves you more than that in time and follow-up work.