Do I Need a Trust If I Have a Will in California?

In estate planning, a question that often comes up is: Do I need a trust if I have a will? Both documents play important roles, but they are not interchangeable. A will directs how your property should be distributed after death, while a trust can transfer assets without probate, preserve privacy, and provide management if you become incapacitated.

What makes this question especially important in California is the impact of probate. State law requires most estates with real estate or significant assets to go through the probate court system, which can be lengthy and expensive. For families, that process often means delays, added costs, and less flexibility, and it comes at a time when they are already coping with the loss of a loved one.

Because a will is often the first estate planning document people create, it’s important to understand what it can and cannot accomplish in California, and why creating a trust may also be necessary.

The Role and Limits of Wills in California

A will allows you to state who receives your assets, including real estate such as your home, along with personal property like bank accounts, vehicles, and valuables. Through a will, you can also:

• Name beneficiaries for your property and accounts
• Designate a guardian for your minor children
• Express your wishes for personal items or family heirlooms

In California, a will must go through probate, which is the court process for transferring property after death. Probate can be both time-consuming and expensive, with court fees, attorney fees, and mandatory filings that reduce the value of what your loved ones may ultimately receive.

There are limited exceptions for small estates. If your estate is valued at $208,850 or less and includes only personal property, heirs may use a simplified procedure. For real property, an affidavit procedure applies only if the real property is worth $69,625 or less. California also allows a simplified petition for primary residences valued up to $750,000, but this process still requires going through court and does not replace the need for a trust to avoid probate entirely.

Since most estates in California involve assets that exceed the small-estate limits, families often turn to trusts to provide more flexibility. While there are many types of trusts available, this blog focuses on the revocable trust, since it is the most common tool for avoiding probate and providing control during life and after death.

What a Revocable Trust Can Do

A revocable trust (also called a living trust) is different from a will because it takes effect during your lifetime. You create the trust, transfer property into it, and name a trustee, often yourself at first, to manage the assets. After your death, the successor trustee distributes the assets according to your instructions.

Placing real estate, like your home, in a revocable trust is one of the most effective ways to avoid probate in California. Because most homes exceed the state’s small-estate limits, they will go through probate if left only in a will. By holding your home in a trust, your successor trustee can transfer or manage the property immediately without court involvement.

Key benefits of a revocable trust in California include:

• Avoiding probate: Assets held in a trust are distributed without court involvement.
• Privacy: Unlike probate, which is public, trust administration stays private.
• Ongoing management: If you become incapacitated, your successor trustee can step in to manage your property without a court-appointed conservator.
• Flexibility for families: You can set terms for how and when beneficiaries receive property, which is helpful for minor children or loved ones who may not be ready to manage money.

For many Californians, the family home is the single most important asset. By placing it in a trust, you protect your family from months in court and allow them to use or transfer the property right away.

Setting Up a Trust in California

Setting up a trust in California involves more than signing a document. To be effective, the trust must be properly drafted and funded, which means retitling assets such as your home, bank accounts, or other property so they are owned by the trust. This step is what allows the trust to avoid probate and provide the protections you want for your family.

Because every estate is different, from the types of assets you own to whether you have minor children or blended family concerns, setting up a trust is rarely a one-size-fits-all process. An estate planning attorney can guide you through the decisions about trustees, beneficiaries, and how property should be managed or distributed.

With the right planning, a trust becomes the foundation of your estate plan, working alongside your will and other key documents to make sure your wishes are carried out.

Other Key Estate Planning Documents

A complete estate plan in California usually includes more than just a will or a trust. Several other documents play an important role in protecting you and your family both during life and after death:

• Durable power of attorney: Lets you choose someone you trust to handle financial matters such as paying bills, managing bank accounts, or making investment decisions if you are unable to do so. Without this document, your family may need to ask the court for a conservatorship to manage your affairs.
• Advance health care directive: Allows you to set out your medical wishes and name an agent to make health care decisions for you if you cannot speak for yourself. This covers choices about treatments, end-of-life care, and organ donation, giving your family clear direction at a difficult time.
• Guardianship provisions for minor children: A will is typically where you name a guardian, but confirming these instructions as part of your estate plan makes it clear who should raise your children if something happens to you. Without this, a court decides who will take on that role.
• Beneficiary designations and account titling: Retirement accounts, life insurance policies, and some bank accounts pass directly to the beneficiaries you name with the financial institution. Coordinating these designations with your will and trust avoids conflicts or accidental disinheritance.

Together, these documents give you a complete plan. But deciding what fits your situation best often requires professional guidance.

Protect Your Legacy With Attorney Ali Talai

In California, a will is an important part of any estate plan, but it may not be enough on its own. How your assets are titled, the type of property you own, and your goals for beneficiaries all affect whether your family faces probate and other delays. Real estate, retirement accounts, and business property can each raise unique questions under California law.

If you’re searching online for “trust fund lawyers near me” or looking for guidance on estate planning in California, Talai Law Offices can provide the guidance you need to protect your legacy. California estate planning attorney Ali Talai, Esq., LL.M. works with clients to create customized strategies that fit their assets, family structure, and long-term goals. Whether you are setting up your first plan or updating after major life changes, Ali will help you design a plan that protects wealth, avoids unnecessary court involvement, and keeps your wishes at the forefront.

Call (818) 285-2850(818) 285-2850 or complete our confidential online form to schedule your consultation.

At Talai Law Offices – we’re your attorney for life.

Copyright © 2025. Talai Law Offices, Inc. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Talai Law Offices, Inc.
6300 Canoga Ave Suite 550
Woodland Hills, CA 91367
(818) 285-2850(818) 285-2850
https://talailaw.com/