Probate in California is public, slow and expensive, with statutory fees based on the gross value of the estate. A properly prepared and funded revocable living trust lets your successor trustee transfer your home and other assets to your family privately, usually without going to court, and lets someone you trust manage your affairs if you become unable to.
What is included
- Revocable living trust naming you as trustee during your lifetime and a successor trustee to take over later
- Pour over will that catches assets left outside the trust and names guardians for minor children
- Durable power of attorney for financial matters
- Advance health care directive naming who makes medical decisions if you cannot
- Trust transfer deed for your California real estate and guidance on retitling bank and investment accounts
Do you still need a trust after the 2025 changes?
For deaths on or after April 1, 2025, California's small estate affidavit limit is $208,850, and a simplified court petition is available to transfer a primary residence worth up to $750,000. These changes help some families, but they do not replace a trust for most homeowners. A home worth more than $750,000, a rental property, or a combination of assets will still usually require probate without a trust, and a trust also provides management if you become incapacitated.
Read more about the new small estate limits.
Funding the trust
A trust only controls the assets titled in its name. We prepare the deed for your home and give you clear instructions for bank, brokerage and other accounts, so the trust works when your family needs it.
Updating an existing trust
Marriage, divorce, a new child or grandchild, a move, or the purchase of property are good reasons to review your plan. We can amend or restate an existing trust.
Frequently asked questions
Do I need a living trust in California?
If you own real estate or your other assets exceed the small estate limit, a living trust is usually the simplest way to keep your family out of probate. For deaths on or after April 1, 2025, the small estate affidavit limit is $208,850, and a separate simplified petition is available for a primary residence worth up to $750,000.
What documents come with a trust?
A typical plan includes the revocable living trust, a pour over will, a durable power of attorney for finances, an advance health care directive, and the deeds or assignments that move assets into the trust.
What does it mean to fund a trust?
Funding means retitling assets in the name of the trust, such as recording a new deed for your home and updating bank and brokerage accounts. A trust that is not funded does not avoid probate for the assets left outside it.