Probate vs. Trust Administration: What Palm Beach Families Should Know

When someone passes away in Palm Beach, families often ask why one estate goes through court while another seems to settle quietly. The difference usually comes down to whether assets pass through probate or through a revocable trust. Here is a plain-language Q&A comparing the two under Florida law.

What is probate, exactly?

Probate is the court-supervised process of settling a deceased person’s estate. In Palm Beach County, it runs through the Probate Division of the Circuit Court. Governed by Chapters 731-735 of the Florida Probate Code, probate validates the will, appoints a personal representative, notifies creditors, pays debts and any taxes, and distributes what remains. Florida offers two main paths: summary administration for smaller or older estates and formal administration for larger or more complex ones.

What is trust administration?

Trust administration is the private, out-of-court process of settling a revocable living trust after the grantor dies, governed largely by Chapter 736 of the Florida Trust Code. A successor trustee steps in to gather assets, pay debts and expenses, handle tax matters, and distribute property to the trust’s beneficiaries, typically without ongoing court supervision. This is why many Palm Beach residents use revocable trusts as a planning tool.

Is trust administration always faster and cheaper?

Often, but not automatically. Avoiding court can reduce delay and certain costs, and it keeps matters private. However, the successor trustee still has serious fiduciary duties under Chapter 736: accounting to beneficiaries, dealing with creditors, and handling taxes. A poorly funded trust, family conflict, or unclear terms can make trust administration just as demanding as probate. And assets left out of the trust may still require probate.

What about privacy?

This is a meaningful difference. Probate filings are generally public records, so anyone can review the inventory and accountings at the Palm Beach County courthouse or clerk’s office. Trust administration usually stays private, with disclosures going to beneficiaries rather than the public. For families who value discretion, that privacy is a major draw.

Does a trust avoid all probate?

Only for assets actually titled in the trust. This is the most common Palm Beach mistake: a person signs a trust but never re-titles the home, brokerage account, or bank account into it. Those stray assets may still go through probate. Proper “funding” of the trust during life is essential. Some assets, like accounts with beneficiary designations or property held with survivorship, may pass outside both probate and the trust.

How does Florida homestead fit in?

Homestead is a special case in Palm Beach planning. The primary residence enjoys constitutional protection under Article X, Section 4, and its descent can be restricted when there is a surviving spouse or minor child. Whether to place homestead in a revocable trust requires care, because doing it incorrectly can affect creditor protection and how the property passes. This is a frequent topic for tailored advice.

Which is right for my family?

It depends on your goals, asset mix, and family situation. Some Palm Beach families rely on a simple will and summary administration; others benefit from a fully funded revocable trust to gain privacy and a smoother transition. Many estates involve both, with a trust for most assets and a “pour-over” will to catch anything left out.

The takeaway

Probate and trust administration both require diligence; the trust simply moves the work out of the courtroom when it is set up and funded correctly.

This article is general information, not legal advice. The choice between probate and trust planning depends on your specific facts. Consult a licensed Florida estate attorney serving Palm Beach to decide what fits your family.