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Page 1
Frequently Asked Questions
What is a living trust?
A living trust is a legal document that holds your assets during your lifetime and automatically transfers them to your beneficiaries when you die, without going through probate court. You maintain full control of your assets while alive, and your family avoids the probate process, which often takes 12 to 18 months or longer and costs thousands in California.
Unlike a will, a living trust provides asset transfer without going to probate court, privacy, and protection if you become incapacitated. For California homeowners, a funded living trust is one of the most reliable ways to keep your home out of probate.
Do I need a living trust in California?
You need a living trust in California if you own real estate or have assets over $208,850. Without a trust, real estate usually needs a court process: full probate, with statutory attorney and executor fees ($26,000 on a $500,000 estate) and a process that often takes 12 to 18 months or longer, or, for a primary residence worth up to $750,000 (deaths on or after April 1, 2025), a simpler Probate Code 13151 petition that is still a court filing. A $400-$500 trust saves your family significant money, time, and stress.
Even if your estate is under $208,850, a trust provides incapacity protection, privacy, and peace of mind that simplified probate cannot match.
How much does a living trust cost in California?
Online living trusts cost $400-$500 for complete packages with attorney review. Traditional attorneys often charge several thousand dollars. Living Trust California offers attorney-prepared and reviewed trusts for $400-$500, saving you thousands compared to traditional attorneys while providing the same legal protection.
Compare this to statutory probate fees of $26,000 on a $500,000 estate, which a funded living trust avoids for the assets it holds.
What's the difference between a will and a living trust?
A will requires probate court (often 12 to 18 months or longer, and $26,000 in statutory fees on a $500,000 estate in California), becomes public record, and only takes effect after death. A funded living trust avoids probate for the assets it holds, remains private, transfers assets without going to probate court, and protects you during incapacity. For California homeowners, a trust saves significant time and money.
You need both: a trust for asset management and probate avoidance, plus a pour-over will to name guardians for minor children and catch any forgotten assets.
Can I create a living trust online?
Yes, creating a living trust online is legal, safe, and effective for most California families. Online services provide attorney-prepared and reviewed documents, step-by-step guidance, and complete packages for $400-$500 versus often several thousand dollars for traditional attorneys. The documents are legally identical and equally valid in California courts.
Choose online if you have a straightforward estate. Choose an attorney if you have business interests, real estate in another state, a beneficiary with special needs, a blended family with competing interests, or an estate near the federal estate tax exemption ($15,000,000 in 2026).
How long does it take to create a living trust?
Most people finish the questionnaire in 20 to 30 minutes, and you receive your completed living trust documents within 24 hours. Traditional attorneys require 2-4 weeks of appointments, drafting, and revisions.
The key is acting now rather than delaying. Every day without a trust puts your family at risk of expensive probate if something unexpected happens.
What happens if I die without a living trust in California?
If you die without a trust in California and own property or have assets over $208,850, your estate generally goes through probate (a primary residence worth up to $750,000 may instead pass by a simpler Probate Code 13151 court petition for deaths on or after April 1, 2025): often 12 to 18 months or longer, statutory attorney and executor fees ($26,000 on a $500,000 estate), public record, court control, and family stress during an already difficult time.
Your family cannot access assets, sell property, or distribute inheritances until probate completes. A funded $400-$500 trust avoids this for the assets it holds, with private distribution without going to probate court.