🏛️ How to Create a Trust in California (2025 Guide)

Want to protect your family, avoid probate, or pass on property tax-free? In California, setting up a trust is one of the smartest legal moves you can make — and you don’t need to be a millionaire or hire a $5,000 attorney to do it.

This guide breaks down exactly how to build a trust in California — step by step — without the legal confusion.

🔎 What Is a Trust?

A trust is a legal agreement that allows you to transfer your assets to a trustee, who manages those assets for the benefit of someone else — your beneficiaries.

The most common type in California is the Revocable Living Trust, which:

• Lets you stay in full control of your assets while you’re alive

• Allows your family to skip probate (a costly and public court process)

• Provides protection if you become incapacitated

📍 Step-by-Step: How to Set Up a Trust in California

Here’s how to do it in 6 simple steps:

1. Decide What Type of Trust You Need

Most Californians start with a:

• Revocable Living Trust (can be changed anytime)

• Other types include: Special Needs Trust, Minor Trust, or Spendthrift Trust

✅ TrustGenie Tip: We offer all of these in plain English, pre-drafted and ready to go.

2. Choose Your Trustee

You can name:

• Yourself (most common)

• A spouse or trusted family member

• A professional trustee (for large or complex trusts)

3. List Your Assets

This includes:

• Real estate (your home, land, etc.)

• Bank accounts

• Vehicles

• Business interests

• Jewelry, art, and more

✅ Use our Trust Funding Checklist (download below) to stay organized.

4. Name Your Beneficiaries

These are the people (or charities) who will receive your assets.
You can divide them equally or assign specific gifts.

5. Sign and Notarize the Trust (California Requirement)

In California, your trust must be:

• Signed by the grantor (you)

• Notarized (this makes it legally binding)

🖋️ You do not need witnesses in California.

6. Fund the Trust (Critical Step!)

This means transferring your assets into the trust’s name:

• File a California Trust Transfer Deed for real estate

• Update bank accounts, vehicles, and investments to reflect the trust name

• Record with the county assessor when needed

✅ TrustGenie provides a simple Property Transfer Guide + live support.

⚠️ Common Mistakes Californians Make

❌ Forgetting to fund the trust (this makes it useless)
❌ Naming minor children directly as beneficiaries
❌ Assuming a trust avoids estate taxes (it doesn’t unless structured properly)
❌ Not updating the trust after marriage, divorce, or having children
❌ Thinking a will does the same thing (it doesn’t — wills go through probate)

💰 How Much Does It Cost?

OptionAvg. Cost in CaliforniaAttorney-Drafted Trust$2,000 – $5,000+TrustGenie All-in-One Plan$150/year (unlimited changes, full support)

🧠 Can I DIY My Trust in California?

Yes — as long as the trust:

• Meets legal formalities (signing + notarization)

• Clearly outlines your intent and beneficiaries

• Is properly funded

TrustGenie makes it easy with:

• Pre-filled legal documents

• Guided funding tools

• Annual updates & live agent support

📎 Download: California Trust Creation Checklist (Free)

Want to make sure you don’t miss a step?

✅ Grab your printable [California Trust Setup Checklist]
(PDF includes: asset list, transfer instructions, signing reminders, and funding steps)

🧩 Ready to Start?

Start building your California trust in under 10 minutes.

👉 Get Started with TrustGenie
No upsells. No confusing lawyer-speak. Just peace of mind.

🔗 Related Posts:

• [How to Transfer Real Estate Into a Trust in California]

• [California vs. Arizona Trust Laws: What’s Different?]

• [What Is a Spendthrift Clause and Why Does It Matter?]

✍️ Authored by:

TrustGenie Legal Team
Helping families protect their legacy — one trust at a time.