California Living Trust Checklist 2026 - Complete Requirements

Your Personal Information

• Full legal name (as appears on birth certificate or legal documents)
• Current address (physical residence)
• Social Security Number
• Date of birth
• Marital status (single, married, domestic partnership, divorced, widowed)

Spouse Information (if married/partnered)

• Spouse's full legal name
• Social Security Number
• Date of birth
• Date of marriage/partnership

Beneficiary Information

• Full names of all beneficiaries (people who will inherit)
• Relationship to you (child, grandchild, sibling, friend, charity)
• Addresses (for notification purposes)
• Dates of birth (especially for minor children)
• Decide percentage or specific bequests for each beneficiary

Successor Trustee Information

• Name of first choice successor trustee (who manages trust if you can't)
• Address and phone number
• Name of backup successor trustee
• Confirm they're willing to serve (ask them!)

Guardian Information (if you have minor children)

• Name of guardian for minor children (who will raise them)
• Address and phone number
• Backup guardian name and contact information
• Confirm they're willing to serve

Real Estate

• Primary residence address and estimated value
• Vacation/second home address and value
• Rental properties (address, value for each)
• Undeveloped land or lots
• Out-of-state property
• Get legal description from current deed or title report

Bank Accounts

• Checking accounts (bank name, account number, approximate balance)
• Savings accounts
• Money market accounts
• Certificates of deposit (CDs)
• Credit union accounts

Investment Accounts

• Brokerage accounts (Schwab, Fidelity, Vanguard, etc.)
• Individual stocks and bonds
• Mutual funds
• 529 college savings plans
• Non-retirement investment accounts

Retirement Accounts (DO NOT transfer to trust)

• IRAs, Roth IRAs (keep in individual name, name beneficiaries directly)
• 401(k), 403(b), 457 plans (name beneficiaries)
• Pension plans (name beneficiaries)
• SEP IRAs, SIMPLE IRAs (name beneficiaries)
• Note: Name trust as contingent beneficiary if desired

Life Insurance

• Policy numbers and insurance companies
• Death benefit amounts
• Current beneficiary designations
• Decide: name individuals or trust as beneficiary

Business Interests

• LLC membership interests (company name, ownership percentage)
• Corporate stock (S-Corp, C-Corp)
• Partnership interests
• Sole proprietorship assets
• Professional practice interests

Personal Property

• Vehicles (cars, boats, RVs, motorcycles)
• Jewelry and valuables
• Artwork and collectibles
• Furniture and household goods
• Firearms (special transfer rules)
• Intellectual property (copyrights, trademarks, patents)

Revocable Living Trust

Main trust document specifying trustees, beneficiaries, distributions, powers, and instructions. This is the core legal document.

Pour-Over Will

Catches any assets not in trust and directs them to trust. Names guardians for minor children. Required backup document.

Durable Power of Attorney

Financial authority document allowing your agent to manage finances if you're incapacitated. California Probate Code Section 4401 compliant.

Advance Healthcare Directive

Living will + healthcare power of attorney. Specifies medical wishes and names healthcare agent. California-specific provisions.

HIPAA Authorization

Allows healthcare agent to access your medical records and discuss your condition with doctors.

Certificate of Trust

Summary document proving trust existence without disclosing private provisions. Used when opening trust bank accounts.

Personal Property Assignment

Transfers ownership of personal property (furniture, jewelry, vehicles, etc.) to trust without listing every item individually.

Personal Property Memorandum

Lets you list who receives specific personal items, such as jewelry or heirlooms.

Trustee Affidavit

A notarized statement signed as trustee, prepared with your trust documents.

Grant Deed (for real estate, $100 per property)

California grant deed for transferring each property to your trust, prepared for a separate $100 per property. You record it with the county recorder using the included instructions.

Funding Instructions

Step-by-step guide for transferring each type of asset to your trust. Most critical part: unfunded trust doesn't avoid probate.

Step 1: Review Documents

• Read your living trust carefully
• Verify all names are spelled correctly
• Confirm beneficiaries and percentages are correct
• Check asset descriptions are accurate
• Verify successor trustee names

Step 2: Sign and Notarize Trust

• Find a California notary public (bank, UPS Store, mobile notary)
• Bring valid photo ID
• Sign trust in front of notary
• Notary completes acknowledgment
• Both spouses must sign and notarize (for joint trust)

Step 3: Sign and Notarize Other Documents

• Pour-Over Will (sign with 2 witnesses + notary recommended)
• Power of Attorney (must be notarized)
• Healthcare Directive (must be notarized OR witnessed)
• HIPAA Authorization (sign and date)

Step 4: Fund Your Trust - Real Estate

• Complete grant deed for each property
• Sign and notarize each deed
• Record with county recorder. Recording fees are set by your county and vary; your county recorder's office can tell you the exact amount.
• Keep recorded deed copies with trust documents
• Notify property insurance company of ownership change

Step 5: Fund Your Trust - Bank Accounts

• Contact each bank/credit union
• Provide copy of trust (or certificate of trust)
• Request account retitling to: "[Your Name], Trustee of [Trust Name] Trust"
• Complete bank's forms
• Obtain new account statements showing trust ownership

Step 6: Fund Your Trust - Investment Accounts

• Contact brokerage firm
• Provide copy of trust
• Complete retitling forms
• Verify accounts are retitled to trust
• Update beneficiary designations if needed

Step 7: Update Beneficiary Designations

• Retirement accounts: Name spouse or children as primary beneficiary, trust as contingent
• Life insurance: Decide between naming individuals or trust as beneficiary
• Payable-on-death (POD) accounts: Update or remove POD designation
• Transfer-on-death (TOD) accounts: Update or remove TOD designation

Step 8: Transfer Business Interests

• LLC: Execute membership interest assignment to trust
• Corporation: Execute stock assignment to trust, update stock ledger
• Partnership: Execute partnership interest assignment, notify partners
• Update business records to show trust ownership

Step 9: Assign Personal Property

• Sign Personal Property Assignment (transfers all personal property to trust)
• For titled vehicles: Retitle with DMV (optional, some keep in individual name)
• Store assignment with trust documents

Step 10: Organize and Store Documents

• Keep original signed trust in safe place (fireproof safe, safe deposit box)
• Give copy of trust to successor trustee (so they can find it)
• Give copies of healthcare directive to doctors, healthcare agent
• Keep list of all trust assets updated
• Store funding documentation with trust (deeds, retitling confirmations)