California Living Trust Template

A living trust created in California allows the grantor to transfer assets into a trust during their lifetime, naming a trustee to manage those assets and a successor trustee to distribute them to beneficiaries after death — all without going through California's probate process. Under California Probate Code Division 9 (Trust Law, §§15000–18201), California governs the creation, administration, and termination of revocable living trusts. California is a community property state — each spouse owns 50% of marital assets — a distinction that directly affects how marital assets are titled in the trust. In California, estates exceeding $184,500 in gross value must go through formal probate, making a living trust particularly valuable for estates that exceed this limit. Regarding taxation, California has no state estate tax or inheritance tax.

Without a living trust, California estates may face a lengthy and expensive probate process. In California, probate costs typically include statutory attorney and executor fees: 4% of first $100K, 3% of next $100K, 2% of next $800K — often totaling $15,000–$50,000+. No trust registration required in California. Every asset must be formally re-titled in the trust's name — an unfunded living trust provides no probate avoidance. A complete estate plan pairs a living trust with a pour-over will and a power of attorney for lifetime incapacity protection.