LIVING TRUSTS

Revocable Living Trust

Manage your assets during your life and pass them on without court involvement.

Schedule Your Free Design Session

Flat fee
Quoted in writing up front

You work with me
Start to finish

Anywhere in California
By phone or email

Trust deed included
Prepared for your home

Prepared by Jay S. Yu, Esq., California Licensed Attorney · Yu & Yu Law, Fullerton · Last reviewed October 2026

WHAT IT IS

What is a revocable living trust in California?

A revocable living trust is a document you create during your lifetime. It lets you manage your assets while you are alive and passes them on efficiently after your death, without court involvement. In California, it is often the backbone of a secure plan because the probate system is slow and expensive.

WHO IS INVOLVED

The three key parties of a trust

01

Grantor (or settlor)

The person who creates the trust and puts assets into it.

02

Trustee

The person who manages the trust assets. Usually you serve as your own trustee while you are alive and able.

03

Beneficiary

The person or organization that receives the benefit of the trust property.

WHY IT MATTERS IN CALIFORNIA

Four reasons to use a living trust

01

Avoiding probate

If you die with assets in your individual name worth more than $208,850 (the limit for deaths on or after April 1, 2025), your estate generally must go through probate. Statutory fees start at 4% of the first $100,000 of the gross estate, and the process often takes 9 to 18 months.

02

Privacy

A will that goes through probate becomes a public record. A living trust is never filed with the court, so your financial details stay between your trustee and beneficiaries.

03

Incapacity

If illness or injury leaves you unable to manage your affairs, your successor trustee can step in to pay bills and manage property without a court-ordered conservatorship.

04

Minors and special needs

You decide how and when children receive their inheritance, such as at ages 25 or 30, and you can provide for a loved one with special needs without disqualifying them from government benefits.

THE CRITICAL STEP

Funding your trust

A trust works only if it is funded. That means retitling your assets, such as your home, bank accounts, and investments, into the name of the trust. I prepare the deed for your home and guide you through the rest, so the trust is not empty when your family needs it.

WORKING WITH ME

Your attorney, from start to finish

01

Attorney-drafted

I review and draft every document in your plan myself.

02

Direct access

You communicate with me directly throughout, so you are informed at every step.

03

Flat fees

You receive a clear flat-fee quote after your design session, with no billing surprises.

See pricing →

QUESTIONS CLIENTS ASK

How living trusts work in California

Can I change or cancel my living trust?

Yes. In California, a trust is revocable unless the document expressly says it is irrevocable (Prob. Code § 15400). While you are alive and have capacity, you can amend it, restate it, or revoke it as your family and assets change. The trust becomes irrevocable at your death; in a married couple's joint trust, the terms control what happens at the first death.

Is a living trust filed with the court?

No. A living trust is not filed with the court during your life or after your death. When you die, your successor trustee must send a written notice to your beneficiaries and heirs within 60 days (Prob. Code § 16061.7), but the trust itself does not become part of a public court file the way an estate does in probate.

Will my property taxes go up when my home goes into the trust?

No. Moving your home into your own revocable trust is not a change in ownership for property tax purposes, so it does not trigger a reassessment (Rev. & Tax. Code § 62(d)). What happens to the assessed value after your death depends on who inherits; transfers to children are governed by Proposition 19. I prepare the trust deed for your home as part of your plan.

Does a living trust protect assets from creditors or taxes?

Not by itself. While you are alive, property in your revocable trust is still reachable by your creditors (Prob. Code § 18200), and you keep reporting income under your own Social Security number. A living trust avoids probate, plans for incapacity, and controls how your family inherits. Asset protection and estate tax planning use other tools.

Will my bank need a copy of my whole trust?

Usually not. California lets a trustee give a certification of trust instead of the full document (Prob. Code § 18100.5). It confirms the trust exists, who the trustees are, and what powers they hold, without showing who inherits or how much. Your successor trustee uses the same tool after your death. See how bank accounts fit into a trust.

Should a married couple have one trust or two?

Many married couples in California use one joint trust. It keeps community and separate property identified, and at the first death, community property can receive a full step-up in tax basis, which can lower capital gains tax if the surviving spouse sells (26 U.S.C. § 1014(b)(6)). Read more about the double step-up in basis.

Do I need a lawyer to make a living trust in California?

California does not require one. The problems with do-it-yourself trusts usually surface later: a trust that was never funded, a deed whose names do not match, or terms that do not fit a blended family or a child who needs protection. I draft every document myself and give you a step-by-step funding guide. Read what happens when a trust is never funded.

How much does a living trust cost in California?

With me, a living trust is part of the Complete Estate Plan, a flat fee quoted in writing before any work begins. The plan includes your pour-over will, powers of attorney, healthcare directives, and the trust deed for your home. See what is included and how it compares with probate fees.