Florida Living Trusts

How to Fund a Living Trust in Florida

Creating a trust is only half the job. If you never fund it, it avoids nothing. Here's how to actually move your assets into your Florida living trust — the right way.

By Arthur Simpson, Esq. · Cornerstone Wealth & Legacy Law, PLLC Updated June 2026

This is the step that quietly sinks more estate plans than any other. People sign a beautiful living trust, put it in a drawer, and assume they're protected. But a trust only controls the assets that are actually in it. If your home and accounts are still titled in your own name when you pass, they can go through probate anyway — trust or no trust. "Funding" is how you prevent that.

Step 1: Retitle your Florida home

Your home is usually the biggest asset. To fund it, you sign and record a new deed transferring the property from you individually to yourself as trustee of your trust. In Florida this must be done carefully to preserve your homestead protections and tax benefits — which is one reason guidance matters here.

Step 2: Retitle bank and investment accounts

Non-retirement bank and brokerage accounts are typically retitled into the name of the trust. Your bank or custodian will have a process; you'll usually provide a certificate of trust rather than the whole document.

Step 3: Handle retirement accounts and life insurance by beneficiary

Don't retitle IRAs or 401(k)s into a trust — that can trigger taxes. Instead, you generally update the beneficiary designations. Life insurance is handled the same way. Coordinating these designations with your trust is an important detail.

Step 4: Address other assets

Keep your trust funded over time Funding isn't one-and-done. When you open a new account or buy property, title it correctly so it stays inside your plan. A trust that was funded years ago can spring leaks as your life changes.

Don't go it alone on the deed

Most of funding is straightforward — but the home deed is the step where Florida homestead rules can bite if it's done wrong. That's exactly the kind of detail a Florida-specific plan (and an optional attorney review) is built to get right, instead of leaving you guessing.

Get a Trust That's Actually Funded

The Florida Estate Kit includes step-by-step funding guidance. Take the free quiz, then build your living trust — self-guided or attorney-guided by Arthur Simpson, Esq.

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This article is attorney advertising and general information only — not legal advice, and it does not create an attorney-client relationship. Deeds, homestead, and tax issues are fact-specific; consult a licensed Florida attorney. Arthur Simpson, Esq. is licensed in Florida (Bar #529265). No particular result is guaranteed.