Wondering whether a revocable living Trust fits your situation? A free role check shows you where you stand.
Start the free role checkWhat a revocable living Trust is
A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.
What it does well in California
- Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
- Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court conservatorship.
- Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
- Lets you stay in control — you can amend or revoke it anytime while you have capacity.
What a revocable living Trust does NOT do
Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a California attorney.
The step people miss: funding the Trust
A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a California attorney.
Is a revocable living Trust right for you in California?
There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can show you where you stand, and a California attorney can recommend what fits your situation.
General information about California law, not legal advice.
Frequently asked questions
- What does "revocable" mean in a California living trust?
- That you can revoke it. A trust is revocable by the settlor unless the instrument expressly makes it irrevocable (Prob. Code §15400); it is revoked by the method it provides or, unless that method is exclusive, by a signed writing delivered to the trustee (§15401), and modified the same way unless it says otherwise (§15402).
- Does a revocable living trust avoid probate in California?
- For the property it holds. Property titled in the trust passes under its terms without probate; property left in your own name may need probate or a small-estate procedure (Prob. Code §13100), or reach the trust through a pour-over will (§6300).
- Does a revocable living trust save on taxes in California?
- Not by itself. California imposes no estate or inheritance tax for current deaths, and the federal estate tax applies on its own terms. For property tax, deeding real property into your own revocable trust is not a change in ownership (Rev. & Tax. Code §62(d)).
- Do I need to "fund" my California revocable living trust?
- Yes. A trust is created only if there is trust property (Prob. Code §15202), and it controls only the property titled in its name or payable to it — real property by a recorded deed to the trustee, accounts by retitling or a designation.
General information about California law, not legal advice.