Living Trust California Law

However california does have two procedures that fast track the probate process for smaller estates using simplified probate processes.

Living trust california law.

Read more california living trust vs. Living trusts begin at 695. California living trust laws are included as part of california s probate code. A california living trust is a legal document that places some or all of your assets in the control of a trust during your lifetime.

Unlike a testamentary trust a living trust goes into effect during the settlor s lifetime. This is a complicated process but essentially the state will determine who gets the property based on their relationship to you. Revocable living trusts are used by thousands of people in california to avoid having their estates go through the probate process. Depending on your own financial situation they might be appropriate but they are not for everyone.

California probate code section 15400 says that a trust is revocable unless expressly made irrevocable. Visit the san diego law office of david w. What is a living trust. You continue to be able to use the assets for example you would live in and maintain a home that is placed in trust.

Where wills simply define how your assets will be transferred after you die trusts can hold assets during your lifetime. A trust is an arrangement under which one person called a trustee holds legal title to property for another person called a beneficiary. You can be the trustee of your own living trust keeping full control over all property held in trust. California does not use the uniform probate code which simplifies the probate process so it may be a good idea for you to make a living trust to avoid california s complex probate process.

Generally if you die without a will trust or other provision for the distribution of your money and property that money and property will be distributed according to california law. A living trust is a legal tool for financial planning that allows a person trustee to hold another person s settlor s property for the benefit of someone else beneficiary. Foley for creation of living trusts estate planning legal wills power of attorney issues with probate and more. In california estates with a market value over 150 000 may be subject to the full probate process and a simplified process is available for estates worth less than 150 000.