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 on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.), 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.

Progress0%

Step 1 of 6

Your Information

Tell us about yourself to get started.

First Name*

Middle Name

Last Name*

Date of Birth*

Email Address*

Phone Number

Street Address*

City*

State*

ZIP Code*

I agree to SimplyTrust's Terms of Service and Privacy Policy, and understand that continuing creates a SimplyTrust account.*

I agree to receive updates about the SimplyTrust app and estate planning tips via email. You can unsubscribe at any time.*

SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

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. The trustee manages the 12-month creditor claim window and distributes assets according to the trust terms — all without probate court involvement. 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 handles the 12 months creditor window and distributes assets per the trust terms. 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 May 31, 2026

Legal Sources

Cal. Prob. Code § 15000 et seq.
Cal. Prob. Code § 890
Cal. Prob. Code §§ 10800

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

Is this your situation?

Get a complete guide for your specific circumstances.

Marriage

Starting a life together means planning for it. Beneficiary updates, asset titling, powers of attorney, and what blended families need to know.

Learn more

New Home

Your home is probably your biggest asset. Protect it like one. Property titling, trust ownership, and how to keep your home out of probate.

Learn more

California Estate Planning Resources

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

California Revocable Living Trust

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

Progress0%

Step 1 of 6

Your Information

Tell us about yourself to get started.

First Name*

Middle Name

Last Name*

Date of Birth*

Email Address*

Phone Number

Street Address*

City*

State*

ZIP Code*

I agree to SimplyTrust's Terms of Service and Privacy Policy, and understand that continuing creates a SimplyTrust account.*

I agree to receive updates about the SimplyTrust app and estate planning tips via email. You can unsubscribe at any time.*

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.

SimplyTrust Editorial·Updated May 31, 2026

Legal Sources

Cal. Prob. Code § 15000 et seq.
Cal. Prob. Code § 890
Cal. Prob. Code §§ 10800

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

A will is a wish. A trust is a plan.

How it works

Estate Ledger

Pricing

Download

A will is a wish. A trust is a plan.

How it works

Estate Ledger

Pricing

Download

California Estate Planning Resources

California Revocable Living Trust

Your Information

Frequently Asked Questions About California Revocable Living Trusts

Is this your situation?

Marriage

New Home

California Estate Planning Resources

California Revocable Living Trust

Your Information

Frequently Asked Questions About California Revocable Living Trusts

Is this your situation?

Marriage

New Home