Revocable Living Trust requirements in California
- You must be at least 18 years old and of sound mind.
- You need a trust document that names you as trustee and a successor trustee.
- You must fund the trust by transferring ownership of your assets into it.
- You must sign the trust document in front of a notary public (required for real estate).
- If married, you and your spouse typically create one shared trust, but you can also create separate trusts.
- You should name beneficiaries and a successor trustee who will manage the trust after your death.
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Create your revocable living trustHow to create a Revocable Living Trust in California, step by step
- List your assets—like real estate, bank accounts, investments, and personal property—to decide what to put in the trust.
- Decide who will be your beneficiaries and successor trustee.
- Draft a trust document using a living trust template or hire an attorney.
- Sign the trust document before a notary public. For real estate, you must also record a deed transferring the property to the trust.
- Retitle your bank and investment accounts into the trust's name. This is called funding the trust.
- Keep your trust updated after major life changes like marriage, divorce, or new children.
Cost considerations
Creating a revocable living trust in California can cost between $1,500 and $3,000 if you hire an attorney. Using a living trust template may cost under $200, but you may need legal advice for complex assets. There are no state filing fees for the trust itself, but recording real estate deeds costs about $30 to $100 per deed.
Before You Begin: California Living Trust Checklist
Create a solid revocable living trust in California by gathering key details and planning your assets first. Here's what to have ready and know before you start.
- List all significant assets (real estate, bank/investment accounts, vehicles) and decide which to transfer into the trust.
- Identify your beneficiaries and a successor trustee who will manage the trust if you become incapacitated or pass away.
- Have your legal name, contact info, and Social Security numbers for you and your beneficiaries ready—accuracy prevents delays.
- California requires your trust to be notarized, so plan to sign before a notary public; witnesses are not required for the trust itself.
- Real property transfers must be recorded with the county recorder's office where the property is located—plan for filing fees.
- Avoid common pitfalls: don't forget to actually fund the trust by transferring asset titles, and don't skip updating beneficiary designations to align with the trust.
- Consider whether a joint trust with your spouse is right for you, as California is a community property state.
Common questions
What is the difference between a living trust and a will in California?
A will goes through probate, which is a court process that can take months and cost thousands. A revocable living trust avoids probate because the trust owns your assets. A will also becomes public record, while a trust stays private.
Do I need to notarize my revocable living trust in California?
Yes. California requires your signature on the trust document to be notarized. This is especially important if the trust holds real estate, because the notary also verifies your identity for the deed transfer.
Can I act as my own trustee in California?
Yes. With a revocable living trust, you are the trustee and control your assets. You can manage, sell, or spend them freely. If you become incapacitated, your named successor trustee takes over.
How much does a living trust cost in California?
Attorney-drafted trusts typically cost $1,500 to $3,000 or more. Online templates are cheaper, but they may not include proper California-specific language. The main cost is usually the attorney's time, not court fees.