How to Make a Living Trust Without a Lawyer: DIY Guide
You can make a living trust without a lawyer by using online templates or trust software, naming yourself as trustee, listing your assets and beneficiaries, and signing the document before a notary. While DIY trusts save money, it’s important to follow state-specific rules and properly fund the trust to avoid probate.
Can You Really Make a Trust Without a Lawyer?
Yes, you can. A living trust is a private legal document, and there’s no law requiring an attorney to draft it. Many people use online templates or software to prepare their own trust.
However, the challenge lies in making sure the trust is legally valid and properly funded. DIY trusts work best for simple estates, while complex family or financial situations often benefit from professional review.
What is a living trust in Florida?
A living trust in Florida is a legal document that lets you transfer ownership of your assets into a trust during your lifetime. You remain in control as trustee, and upon your death, the successor trustee distributes assets directly to beneficiaries without going through probate. Most Floridians choose a revocable living trust, which can be changed or revoked at any time, offering flexibility, privacy, and smoother estate management.
Step-by-Step Guide to Creating a Living Trust Yourself Without a Lawyer
1. Choose the Type of Trust
Most people select a revocable living trust because it can be changed or revoked during your lifetime. An irrevocable trust offers stronger asset protection but cannot be easily altered.
2. List Your Assets
Include real estate, bank accounts, investments, and personal property. Accuracy matters — if assets aren’t listed and transferred, they may still go through probate.
3. Name Trustees and Beneficiaries
You can serve as your own trustee while alive. Name a successor trustee to manage the trust if you become incapacitated or pass away. Clearly identify beneficiaries and how assets should be distributed.
4. Draft the Trust Document
Use a reputable online template or trust software. The document should include the grantor (you), trustee, beneficiaries, and instructions for managing and distributing assets.
5. Sign and Notarize
Most states require notarization for a trust to be enforceable. Some may also require witnesses. This step ensures the document is legally recognized.
6. Fund the Trust
Retitle assets into the trust’s name. For example, change property deeds, bank accounts, and investment registrations. Without funding, the trust is just paper and won’t avoid probate.
Tools and Resources for DIY Trusts
- Online platforms like Nolo or LegalZoom provide guided trust creation.
- Free templates are available but may lack state-specific language.
- State guides help ensure compliance with local laws.
Risks of DIY Trusts
- Errors in wording can invalidate the trust.
- Failure to fund means assets still go through probate.
- Complex estates (blended families, large assets, tax planning) may require professional help.
FAQs
Can I Do My Own Living Trust in Florida?
Yes, you can create your own living trust in Florida. Florida law does not require an attorney to draft a trust, and many people use online templates or software to prepare one themselves. However, the trust must be properly written, signed before a notary, and funded by retitling assets into the trust’s name. While DIY trusts can save money, mistakes in wording or funding may cause assets to go through probate, so professional review is often recommended
Is a DIY living trust legally valid?
Yes, a DIY living trust can be legally valid if it is properly drafted, signed, and funded according to your state’s laws. The key is ensuring the document includes all required elements (grantor, trustee, beneficiaries, and instructions) and that assets are correctly retitled into the trust’s name. Mistakes in wording or funding are the most common reasons DIY trusts fail.
What’s the easiest way to make a living trust?
The easiest way is to use a reputable online trust builder or template that guides you step by step. These platforms provide standard legal language and help you identify trustees, beneficiaries, and assets. For simple estates, this approach is straightforward, but complex family or financial situations may still require attorney review.
Do I need to notarize a living trust?
Yes, in most states, including Florida, a living trust must be signed before a notary to be enforceable. Some states also require witnesses. Notarization ensures the trust is legally recognized and prevents challenges later.
How much does a living trust cost in Florida?
The cost of a living trust in Florida typically ranges from $1,000 to $3,000 when prepared by an attorney, depending on the complexity of your estate. DIY options using online templates or software may cost $100 to $500, but they carry risks if the trust isn’t customized or properly funded. Complex estates or bundled estate planning packages can exceed $5,000.
Living Trust Cost in Florida:
The cost of setting up a living trust in Florida depends on whether you choose a DIY option or hire an attorney.
Typical Costs
Option | Average Cost | What You Get |
DIY Templates / Online Software | $100–$500 | Affordable, step‑by‑step guidance, but limited customization and higher risk of errors. |
Attorney‑Drafted Trust (Basic) | $1,000–$1,500 | Covers a standard revocable living trust with straightforward assets. |
Attorney‑Drafted Trust (Complex) | $2,000–$3,000+ | For estates with multiple properties, businesses, or tax planning needs. |
Estate Planning Packages | $3,000–$5,000+ | May include wills, powers of attorney, healthcare directives, and advanced trusts. |
Factors That Influence Living Trust Cost:
- Complexity of Assets: Multiple properties, business interests, or investments increase drafting time.
- Type of Trust: Revocable trusts are simpler; irrevocable or special needs trusts require more customization.
- Attorney Experience: Highly specialized estate planning attorneys may charge more.
- Bundled Services: Many firms offer packages that include wills, POAs, and healthcare directives.
A DIY living trust in Florida can be inexpensive, but professional drafting ensures compliance with state law and avoids costly mistakes. For simple estates, online tools may suffice; for complex estates, attorney guidance is strongly recommended.
Key Takeaways
- DIY living trusts are possible and legally valid.
- Templates and software can help, but accuracy matters.
- Proper funding and notarization are essential.
- Best for simple estates; complex cases need legal review.
How AWS Law Firm Can Help You?
Even if you start your trust yourself, AWS Law Firm provide transparent pricing for living trusts in Tampa and across Florida. Whether you want a flat‑fee review of a DIY trust or a comprehensive estate planning package, our estate planning attorneys ensure your trust is legally valid and tailored to your needs. Contact us today for a flat-fee trust review or full-service estate planning.
