Do I need a trust or just a will in California?

It depends on your estate size and goals. California allows simplified probate for estates under $208,850 (Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.), so smaller estates may not need a trust for cost savings alone. A trust adds value when: you own real estate, you want privacy (probate is public), you need incapacity planning, or you own property in multiple states. A will alone means probate court handles everything.

When does a trust need a tax ID number in California?

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust becomes irrevocable and needs its own EIN from the IRS. The successor trustee applies for the EIN before opening trust bank accounts or filing trust tax returns.

California Revocable Living Trust

California revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

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Frequently Asked Questions About California Revocable Living Trusts

Yes. Assets held in a revocable living trust bypass California probate entirely — no court supervision, no public record, no statutory fees. Full probate in California typically takes 12-18 months. Use the California probate cost calculator to see what probate would cost without a trust.

California accepts a certificate of trust in lieu of the full trust instrument. The certificate confirms the trust exists, identifies the trustee, and states the trustee's powers — without disclosing beneficiaries or distribution terms. Third parties who rely on the certificate in good faith are protected by statute.

Many families with a trust also use a pour-over will — one way to direct assets not transferred into the trust during your lifetime. Pour-over assets go through probate before reaching the trust. Create a California pour-over will if needed.

The successor trustee takes over and the trust becomes irrevocable, then distributes assets according to the trust terms without probate court involvement. The successor trustee can publish California's optional creditor notice to shorten the claim window to 4 months; without it, the settlor's creditors have up to 12 months to bring a claim. California requires beneficiary notification within 60 days of death. Use the Trust EIN application tool to get the tax ID.

Most assets can be transferred: California real estate (via a Grant Deed), bank accounts, investment accounts, vehicles, and personal property. Retirement accounts (401k, IRA) use beneficiary designations rather than being retitled. Life insurance policies can name the trust as beneficiary. The key is funding — only assets actually transferred into the trust bypass probate.

It depends on your estate size and goals. California allows simplified probate for estates under $208,850, so smaller estates may not need a trust for cost savings alone. Use the California trust vs. will comparison to see which fits your situation.

California offers transfer-on-death deeds for real estate, which transfer property at death without probate. A TOD deed is simpler for a single property, but a trust covers all asset types, provides incapacity protection, and keeps distributions private. Check eligibility with the TOD deed checker.

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.

Avoiding Probate in California

A revocable trust avoids California probate, which typically takes 12 months to 18 months. Without a trust, assets in your name go through public court proceedings. Everyone needs a will — the question is whether a trust adds enough value to justify the cost.

California allows simplified probate for estates under $208,850. Estates below this threshold can often avoid full probate with a will alone. A trust becomes more valuable as estate size grows, when privacy matters, or when you own property in multiple states.

Trust administration in California happens privately: the successor trustee distributes assets per the trust terms without court supervision. The successor trustee can publish California's optional creditor notice to shorten the claim window to 4 months; without it, the settlor's creditors have up to 12 months to bring a claim. A certificate of trust — accepted by California banks, title companies, and recorders — establishes the trustee's authority without revealing the full document. To fund the trust with real property, a Grant Deed is recorded with the county.

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.

SimplyTrust Editorial·Updated July 15, 2026

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Data sourced from California statutes and official state code. How we research.

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California Estate Planning Resources

In-depth guides covering California probate laws, trust requirements, and estate planning strategies.

Frequently Asked Questions About California Revocable Living Trusts

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.

Avoiding Probate in California

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.