Create Your Plan
Protect Your Family and Avoid Probate
If you own a home in California, a living trust is the most effective way to keep your estate out of court and pass everything directly to the people you choose.
Schedule a ConsultationWhat is a living trust?
A revocable living trust is a legal document that holds your assets during your lifetime and transfers them to your beneficiaries when you die, without going through probate court.
You create the trust, transfer your assets into it, and serve as your own trustee. You keep full control. When you die, your named successor trustee distributes the assets according to your instructions. No court. No waiting. No public record.
California probate threshold: $184,500
Any estate with gross assets above this amount must go through probate. For most California homeowners, that threshold is crossed by the house alone. Probate takes 12 to 18 months and costs 4 to 8 percent of the gross estate by statute.
A living trust sidesteps this entirely. Your successor trustee can typically transfer assets within weeks of your death.
Why families use living trusts
Avoids probate
Assets pass directly to your beneficiaries. No court, no waiting period, no public record.
Stays private
A will becomes public record when filed for probate. A trust does not.
You stay in control
You manage all trust assets during your lifetime as your own trustee.
Covers incapacity
Your successor trustee steps in immediately if you become incapacitated. No conservatorship required.
Works across states
Real property in multiple states passes through the trust without separate probate proceedings in each state.
Protects your family
You control exactly who receives what, when, and under what conditions.
Living trust vs. will
| Living Trust | Will | |
|---|---|---|
| Avoids probate | Yes | No |
| Takes effect | During life and at death | At death only |
| Covers incapacity | Yes | No |
| Public record | No | Yes |
| Out-of-state property | Handled in trust | Separate probate per state |
| Can be amended | Yes | Yes |
Most estate plans include both: a trust holds major assets, and a pour-over will captures anything left outside the trust.
California considerations
California is a community property state. Assets acquired during marriage are generally owned equally by both spouses. A properly drafted trust accounts for community property and separate property, which affects how assets are managed during incapacity, taxed at death, and distributed to beneficiaries.
California also has some of the highest probate attorney and executor fees in the country, set by statute as a percentage of gross estate value. On a $1.5M estate, statutory fees alone can exceed $42,000 before any extraordinary fees are added.
For married couples, a trust plan typically includes provisions addressing what happens on the first death, how the surviving spouse's rights are protected, and how assets ultimately pass to children or other beneficiaries.
Frequently asked questions
Do I need a living trust in California?
Not everyone does, but most California homeowners benefit from one. If your gross estate exceeds $184,500 (based on full value, not equity), your estate must go through probate when you die. Probate in California is public, slow (12 to 18 months is common), and expensive. A living trust bypasses it entirely.
What is the difference between a will and a living trust?
A will goes through probate court and becomes a public record. A living trust does not. A will also only takes effect at death; a trust can manage your assets if you become incapacitated. Most estate plans include both: a trust holds your major assets, and a "pour-over" will captures anything left outside the trust.
How much does a living trust cost in California?
A basic revocable living trust plan (trust, pour-over will, durable power of attorney, and advance healthcare directive) typically ranges from $1,500 to $3,500 for a single person and $2,500 to $5,000 for a married couple, depending on complexity. Compare that to probate, which costs 4 to 8 percent of the gross estate value by statute.
Can I be my own trustee?
Yes. In a revocable living trust, you typically serve as your own trustee during your lifetime. You manage and control all trust assets exactly as you did before. You name a successor trustee (a person or institution) who takes over if you become incapacitated or die.
What assets go into a living trust?
Real property, bank accounts, brokerage accounts, business interests, and valuable personal property are typically transferred into the trust. Some assets pass by beneficiary designation instead: IRAs, 401(k)s, and life insurance generally should not be titled in the trust, though the trust can be named as beneficiary in certain situations.
How long does it take to set up a trust?
For most clients, two to three weeks from the initial consultation to signed documents. That includes drafting, a review meeting, and a signing appointment. Funding the trust (retitling assets into the trust name) happens after signing and takes additional time depending on the assets involved.
Can I amend or revoke my trust?
Yes. A revocable living trust can be amended, restated, or revoked entirely at any time during your lifetime, as long as you have mental capacity. Common reasons to update a trust include a change in marital status, the birth of children or grandchildren, a significant change in assets, or a change in who you want as trustee or beneficiary.
What is "funding" a trust and why does it matter?
Funding means retitling your home, bank accounts, and other property in the name of the trust. An unfunded trust does not work: if your home is still titled in your name when you die, it goes through probate regardless of what your trust says. Funding is the step most people skip, and it is the most important one.
Ready to set up your trust?
Schedule a consultation with Alex Wong. Flat-fee pricing, no surprises.