Revocable Living Trusts in California
How revocable living trusts work under California law and the other ways to pass property without probate.
Short answer: California has not adopted the Uniform Trust Code; trusts are governed by the California Trust Law in the Probate Code (Division 9). A trust is revocable by the settlor unless the trust instrument expressly makes it irrevocable. Cal. Prob. Code §§ 15206, 15400
| Revocable living trust | California has not adopted the Uniform Trust Code; trusts are governed by the California Trust Law in the Probate Code (Division 9). A trust is revocable by the settlor unless the trust instrument expressly makes it irrevocable. A trust involving real property must be shown by a written instrument signed by the trustee, or by a written conveyance signed by the settlor. Property must be deeded or retitled to the trustee to be governed by the trust; trust property passes to beneficiaries without probate, while property left outside the trust may need probate or a small estate procedure (trust property is not counted toward the small estate limit). Source: Cal. Prob. Code §§ 15206, 15400 |
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| Ways to avoid probate | Non-probate options in California include: revocable transfer on death deeds for real property (Cal. Prob. Code § 5600 and following); joint accounts and payable-on-death (P.O.D.) accounts, which pass to the survivor or payee (Cal. Prob. Code § 5302); transfer-on-death registration of securities (Cal. Prob. Code § 5500 and following); a vehicle title in beneficiary ("TOD") form with one owner and one beneficiary, for a $10 fee (Cal. Veh. Code §§ 4150.7, 5910.5); joint tenancy with right of survivorship; property in a funded revocable trust (Cal. Prob. Code § 15400); and the small estate affidavit for estates up to $208,850 for deaths on or after April 1, 2025 (Cal. Prob. Code § 13100). |
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FAQ
How do living trusts work in California?
California has not adopted the Uniform Trust Code; trusts are governed by the California Trust Law in the Probate Code (Division 9). A trust is revocable by the settlor unless the trust instrument expressly makes it irrevocable. A trust involving real property must be shown by a written instrument signed by the trustee, or by a written conveyance signed by the settlor. Property must be deeded or retitled to the trustee to be governed by the trust; trust property passes to beneficiaries without probate, while property left outside the trust may need probate or a small estate procedure (trust property is not counted toward the small estate limit).
How can you avoid probate in California?
Non-probate options in California include: revocable transfer on death deeds for real property (Cal. Prob. Code § 5600 and following); joint accounts and payable-on-death (P.O.D.) accounts, which pass to the survivor or payee (Cal. Prob. Code § 5302); transfer-on-death registration of securities (Cal. Prob. Code § 5500 and following); a vehicle title in beneficiary ("TOD") form with one owner and one beneficiary, for a $10 fee (Cal. Veh. Code §§ 4150.7, 5910.5); joint tenancy with right of survivorship; property in a funded revocable trust (Cal. Prob. Code § 15400); and the small estate affidavit for estates up to $208,850 for deaths on or after April 1, 2025 (Cal. Prob. Code § 13100).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.