Complete step-by-step guide on how to create a living trust online from a California attorney with 25+ years experience. Learn how to set up your revocable living trust online and avoid probate with our DIY living trust software.
Creating a living trust online in California involves 7 main steps. This guide walks you through each one showing you how to make a living trust online easily.
Time Required: 2-3 hours for initial setup, plus 1-2 weeks for asset transfers
Cost: $400 (individual) or $500 (couples) for attorney-reviewed documents (see breakdown)
Difficulty: Moderate - Creating the document is easy, funding requires attention to detail
Result: Avoid probate ($27,000-$68,000+ savings), protect your family, ensure privacy
Before creating a trust, confirm it's right for your situation. A living trust is essential if you meet any of these criteria:
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You will be the initial trustee of your revocable living trust. This means you maintain complete control over all trust assets during your lifetime. You can buy, sell, transfer, or use assets as you wish. Nothing changes in how you manage your property.
Your successor trustee takes over when you die or become incapacitated. This person will:
Consider these factors:
Recommendation: Name 2-3 successor trustees in priority order. If first can't serve, second takes over, etc.
Beneficiaries are the people (or organizations) who will inherit trust assets after you die. You can distribute assets however you choose.
Everything to spouse. If spouse predeceases you, everything split equally among children. This is the most common approach.
Split equally among children, or specify different percentages if desired. Consider whether children should inherit at age 18 or wait until 21, 25, or 30.
Name siblings, nieces/nephews, friends, or charities. Be specific about percentages.
You have three options for creating the legal trust document:
Cost: $400-$500
Time: Complete in 30 minutes online
Pros: Fast, affordable, attorney-reviewed by California Bar member, meets all legal requirements
Best for: Straightforward estates, most California homeowners
Get Started - $400Cost: $2,000-$5,000+
Time: 2-6 weeks (multiple appointments)
Pros: Personalized advice, complex estate planning
Best for: Complex estates, business succession, tax planning needs
Cost: $0-$50
Risks: No attorney review, may not comply with California law, could be invalid, expensive mistakes
Warning: We strongly discourage this approach. One mistake can cost your family tens of thousands in probate. Not worth the risk.
California doesn't require trusts to be notarized, but notarization is strongly recommended for several reasons:
Cost: Notary services typically cost $15-30. Many banks offer free notary services to customers.
Creating the trust document is only 20% of the work. FUNDING the trust is 80%. If you don't fund the trust, it's worthless. Assets not in the trust WILL go through probate.
"Funding" means transferring ownership of your assets from your personal name into the trust's name. The trust can't protect assets it doesn't own.
Process:
New deed wording: "From: John Smith TO: John Smith, Trustee of the John Smith Revocable Living Trust dated [date]"
Cost: Recording fees $15-75 per property. No property tax reassessment (Prop 13 protections remain).
Process:
New account title: "John Smith, Trustee of the John Smith Revocable Living Trust"
Alternative: Some banks allow "payable on death" (POD) designations for small accounts instead of trust ownership.
Process:
Note: Account retitling doesn't trigger capital gains taxes. It's a change in ownership form only.
Recommendation: Usually NOT worth transferring into trust
Why: Vehicles depreciate, have loans, and insurance complications. Most people leave vehicles out of trust and let them pass through small estate procedures.
Exception: Classic cars, RVs, or high-value vehicles may warrant trust ownership.
Process varies by entity type:
Warning: May affect S-Corp status or partnership agreements. Consult with business attorney or accountant first.
Solution: Name your trust as beneficiary on these accounts instead of retitling ownership.
Coordinate your trust with beneficiary designations on retirement accounts and life insurance:
If Married: Name spouse as primary beneficiary (often required). Name trust as contingent beneficiary.
If Single/Widowed: Consider naming individual beneficiaries first (children), then trust as contingent. This may provide better tax treatment.
Tax Note: Naming trust as beneficiary can have different tax implications. Consult with tax advisor for large retirement accounts.
Option 1: Name trust as beneficiary - provides control over how proceeds are distributed, especially for minor children
Option 2: Name individuals as beneficiaries - simpler, but less control
If you have "Payable on Death" designations on bank accounts, decide whether to:
This is the #1 mistake. Your trust is worthless if you don't transfer assets into it. Set aside 1-2 weeks after creating the trust to complete all funding tasks. Make a checklist and work through it systematically.
You buy a new home 5 years later and forget to put it in the trust. Now that home goes through probate. Remember: ALL new assets must go into trust name.
Internet forms often don't comply with California law or omit critical provisions. One mistake can invalidate the trust or cost thousands to fix. Use attorney-reviewed documents specific to California.
Your trust, will, beneficiary designations, and powers of attorney must work together. Don't create trust in isolation—ensure all documents coordinate.
Creating the document takes 30 minutes to 2 hours. Funding the trust (transferring assets) takes 1-2 weeks. Total time from start to complete: 2-3 weeks.
Legally yes, but not recommended. Mistakes can be expensive. Our service provides attorney-prepared documents reviewed by CA Bar member (State Bar #208356) for $400-$500—far less than fixing mistakes later.
No. You can fund most assets yourself following our instructions. Real estate deeds are straightforward. Banks and investment firms will help you retitle accounts. It's time-consuming but not difficult.
Assets not in the trust go through probate (if they exceed small estate thresholds). This is why your trust package includes a "pour-over will" as backup—it catches missed assets and pours them into the trust, though they still go through probate first.
No. California's Proposition 13 protections remain. Transferring property to your revocable living trust doesn't trigger reassessment. Your property taxes stay the same.
Best online living trust California service. Attorney-reviewed documents. Complete in 30 minutes with DIY living trust software. Funding guidance included. $400-$500.
✓ Attorney-Reviewed ✓ 25+ Years Experience ✓ California State Bar #208356