What is the most common type of trust in California?

The revocable living trust: created during life, revocable unless the instrument expressly makes it irrevocable (Prob. Code §15400), and used mainly to avoid probate and plan for incapacity.

What's the difference between a revocable and an irrevocable trust in California?

A revocable trust can be revoked or amended by the method it provides (Prob. Code §§15401–15402). An irrevocable trust generally cannot; it may be modified or terminated on all beneficiaries' consent and a court's approval (§15403), or by a court for circumstances the settlor did not anticipate (§15409).

What is a special needs trust in California?

A trust that holds assets for a beneficiary with disabilities without disrupting needs-based benefits such as Medi-Cal or SSI, when properly drafted. Its rules come largely from the benefit programs rather than the Trust Law, and a licensed California attorney of your choosing designs one.

Does a spendthrift trust protect a beneficiary's inheritance in California?

Largely, within the statute's limits. A restraint on transferring a beneficiary's interest in income or principal is given effect (Prob. Code §§15300–15301), with the exceptions of §§15304–15307 — among them support judgments and amounts beyond the beneficiary's support needs.

Can I set up a trust for my pet in California?

Yes. A trust for the care of a domestic or pet animal is valid; unless it provides otherwise it ends when no animal living at the settlor's death remains alive, and a person named in it or appointed by a court may enforce it (Prob. Code §15212).

Types of Trusts in California

Trying to figure out which Trust fits? A free role check shows you where you stand.

Start the free role check

Common types of Trusts in California

Revocable living Trust

Created during life and changeable anytime; commonly used to avoid probate and plan for incapacity. You keep control — so it is not asset protection.

Irrevocable Trust

Generally can't be changed or revoked once created; you give up control in exchange for benefits some irrevocable Trusts can offer, such as certain tax or planning goals. Fact-specific — for an attorney to design.

Testamentary Trust

Created by your will and funded only after death, through probate. Useful for leaving assets to minors or in stages.

Special needs (supplemental needs) Trust

Holds assets for a beneficiary with disabilities without disrupting needs-based public benefits like Medicaid or SSI, when properly drafted.

Spendthrift Trust

Includes a spendthrift provision that restrains a beneficiary's ability to transfer their interest and limits some creditors' reach (Prob. Code §15300), within limits.

Charitable Trust

Benefits a charitable purpose; certain forms can combine giving with income or tax planning. Design and compliance are an attorney/advisor matter.

Trust for the care of an animal

A California statutory trust (Prob. Code §15212) for the care of a domestic or pet animal; unless it says otherwise it ends when no animal living at your death remains alive, and a person named in it or appointed by the court may enforce it.

Which type of Trust fits your goals?

Trusts are tools — the right one (if any) depends entirely on your goals, your family, your assets, and tax considerations. This page is general information, not legal advice. A free role check can show you where you stand, and a California attorney can design what fits your situation.

General information about California law, not legal advice.

Frequently asked questions

What is the most common type of trust in California?: The revocable living trust: created during life, revocable unless the instrument expressly makes it irrevocable (Prob. Code §15400), and used mainly to avoid probate and plan for incapacity.
What's the difference between a revocable and an irrevocable trust in California?: A revocable trust can be revoked or amended by the method it provides (Prob. Code §§15401–15402). An irrevocable trust generally cannot; it may be modified or terminated on all beneficiaries' consent and a court's approval (§15403), or by a court for circumstances the settlor did not anticipate (§15409).
What is a special needs trust in California?: A trust that holds assets for a beneficiary with disabilities without disrupting needs-based benefits such as Medi-Cal or SSI, when properly drafted. Its rules come largely from the benefit programs rather than the Trust Law, and a licensed California attorney of your choosing designs one.
Does a spendthrift trust protect a beneficiary's inheritance in California?: Largely, within the statute's limits. A restraint on transferring a beneficiary's interest in income or principal is given effect (Prob. Code §§15300–15301), with the exceptions of §§15304–15307 — among them support judgments and amounts beyond the beneficiary's support needs.
Can I set up a trust for my pet in California?: Yes. A trust for the care of a domestic or pet animal is valid; unless it provides otherwise it ends when no animal living at the settlor's death remains alive, and a person named in it or appointed by a court may enforce it (Prob. Code §15212).

General information about California law, not legal advice.