Will-Based Option
A will-based path commonly focuses on naming beneficiaries, selecting a personal representative (executor), and identifying guardians where applicable. Will-based documents generally take effect at death and are typically filed through Florida's probate process.
A will-based path commonly includes some or all of the following documents:
- Florida Last Will & Testament — names beneficiaries and personal representative
- Durable Power of Attorney — designates someone to manage financial matters if incapacitated
- Designation of Healthcare Surrogate — designates someone to make medical decisions if incapacitated
- Living Will / Advance Directive — states end-of-life medical care preferences
- HIPAA Authorization — authorizes medical providers to share health information with designated persons
Florida wills generally require signing in the presence of two witnesses and, optionally, a notary for a self-proving affidavit. (§§ 732.502–732.503, Fla. Stat.)
Explore Will-Based DocumentsTrust-Based Option
A trust-based path commonly includes trust-centered documents and related organization tools. Some people explore this path when comparing privacy, continuity, or asset-management features. A revocable living trust is a legal arrangement in which assets are transferred into the trust during the grantor's lifetime and managed by a trustee according to the trust's terms.
A trust-based path commonly includes some or all of the following documents:
- Florida Revocable Living Trust — core trust document
- Pour-Over Will — directs any remaining assets into the trust at death
- Durable Power of Attorney — financial management if incapacitated
- Designation of Healthcare Surrogate — medical decisions if incapacitated
- Living Will / Advance Directive — end-of-life medical care preferences
- HIPAA Authorization — medical information sharing authorization
- Trust funding guidance — general information on transferring assets into the trust
Florida trusts generally require signing and either two witnesses or notarization. (§ 736.0403, Fla. Stat.) The Florida Supreme Court has held that the assembly, drafting, execution, and funding of a living trust constitutes the practice of law when performed by a nonlawyer as a legal service. DraftCounsel.io provides self-help document preparation tools — the user prepares documents using the platform's guided software.
Explore Trust-Based DocumentsGeneral comparison of common features. This is educational information only.
| Feature | Will-Based Path | Trust-Based Path |
|---|---|---|
| Names beneficiaries | ✓ Yes | ✓ Yes |
| Designates personal representative / trustee | ✓ Yes (PR) | ✓ Yes (Trustee) |
| Includes healthcare / POA documents | ✓ Yes | ✓ Yes |
| Commonly involves Florida probate process | ✓ Generally yes | Varies — depends on assets and funding |
| Trust-centered structure | — | ✓ Yes |
| Pour-over will included | — | ✓ Yes |
| Trust funding guidance included | — | ✓ General info |
| Florida signing requirements | 2 witnesses (+ optional notary) | 2 witnesses or notarization |
This table is general educational information and does not reflect your specific legal situation. Requirements may vary based on individual facts.
Attorney Review Available
If you want legal advice about which option fits your situation, attorney review is available where selected. Attorney review is provided by a licensed Florida attorney under a separate engagement — not by LegalDraft Technologies LLC.
Attorney review may be appropriate when your situation involves blended families, special needs beneficiaries, out-of-state property, Medicaid considerations, or other factors that commonly benefit from individualized legal guidance. The decision to obtain attorney review is yours.
Attorney review is an optional add-on available for an additional fee. It is not included automatically with any plan. It is not required to use the self-help platform.
📞 Call 954.454.4522 to inquireDraftCounsel.io is a self-help document software platform. The following are things DraftCounsel.io does not do:
- ✗Tell you which estate-planning document you need
- ✗Advise you whether a will or trust is better for your situation
- ✗Guarantee that any document is legally valid or enforceable
- ✗Provide legal advice through DraftCounsel™ or any other tool
- ✗Create an attorney-client relationship through the platform
- ✗Provide communications protected by attorney-client privilege