

Passing your Fullerton home to your children without probate delays, fees, or public court records requires proper planning.
As your Fullerton revocable living trust attorneys, Quinn & Dworakowski, LLP can guide you through preparing your trust, helping transfer eligible real estate and accounts into it, and assisting with establishing backup management for your assets.
Department head Shanshan “Sophy” Han is an IRS Enrolled Agent with experience managing hundreds of trust matters. She assists clients in English, Mandarin, and Korean.
Share your assets and goals with us to discuss your options for a trust.
| IRS Enrolled Agent Leads Our Estate Planning Team | Hundreds of Revocable Trust Matters Handled | Planning in English, Mandarin & Korean |
A trust is more than one document. Each Fullerton plan we prepare includes the pieces that keep it working:
Once the pieces are in place, a trusted Fullerton Estate Planning Lawyer can help homeowners understand what happens if they skip the trust altogether and explore the potential risks of not having one.
Without a trust, a Fullerton home may have to go through probate before your family can sell it or put it in their names. California sets probate fees by formula, based on the gross value of the estate (Cal. Probate Code § 10810). Your mortgage does not lower that number.
Some homes skip full probate. Examples include a home held in joint tenancy, a home with a transfer on death deed, a home going to a surviving spouse, and So can a main home worth $750,000 or less, if the owner died on or after April 1, 2025. That limit is set to change for inflation in 2028.
Zillow put the typical Fullerton home value at $1,052,226 in July 2026 (Zillow Home Value Index). If that home were the only asset, the formula would pay the estate’s attorney about $23,500 for ordinary work. The executor would be entitled to another $23,500, though a family member serving as executor can choose to waive it. That could total roughly $47,000 out of what your children would otherwise receive, before court costs, and the court can approve extra fees for unusual work.
Creditors get at least 4 months to file claims after the court appoints an executor, so even a simple probate stays open for months. The case file is public. Why leave your family waiting on a court calendar when a signed and funded trust usually lets your successor trustee handle the same steps without a probate case?
This information reflects California law as of September 2026.
A signed trust usually cannot pass a house that is still titled in your own name without extra court work. To move it, we prepare a new deed transferring the home to you as trustee. The deed is then recorded with the Orange County Clerk-Recorder, whose main office is at 601 N. Ross Street in Santa Ana.
The deed goes in with a Preliminary Change of Ownership Report, a property tax form that tells the county Assessor how title changed (Orange County Clerk-Recorder recording guidelines). Moving your home into your own revocable trust does not, by itself, trigger a new property tax assessment. Passing the home to your children after your death is different. That can raise the property tax unless a parent-to-child exclusion applies, and those exclusions have limits.
If an asset gets missed and you pass away, your family may need a Heggstad petition, which asks the court to confirm the asset belongs to the trust. We would rather catch it now, while fixing a missing deed is usually much simpler than a court petition.
A revocable living trust covers more than what happens after death. You serve as your own trustee while you are able, and the successor trustee you name can take over trust assets if you become unable to manage them. Without that plan, your family may need to ask the court for a conservatorship, a separate case in which a judge appoints someone to handle your finances.
A trust only covers what is in the trust. Accounts that stay outside it, like most retirement accounts, usually need a durable power of attorney so someone can manage them without going to court. We talk through who should hold that role, who backs them up, and what proof of incapacity your trust will require. That way your spouse or adult children know their job before they need to do it.
Yes. In California, the person who creates a trust can revoke it unless the trust document expressly makes it irrevocable (Cal. Probate Code § 15400). You generally make changes by following the steps your trust document sets out. We prepare amendments and full restatements when your family or your assets change.
Usually not. A will tells the court who should inherit, but a home that passes by will usually still has to go through probate. Some exceptions exist, such as a home going to a surviving spouse or a main home worth $750,000 or less, which can use shorter court filings. A funded trust lets your successor trustee transfer the home without opening a probate case.
No. Orange County probate, conservatorship, and trust cases are heard at the Costa Mesa Justice Complex, 3390 Harbor Blvd., not the North Justice Center on Berkeley Avenue in Fullerton. A funded trust usually keeps your family out of both.
No. While you are alive, you keep full control and can cancel the trust, so the law treats those assets as still yours. After you die, the trust can also be used to pay your debts if your other assets are not enough.
If your question is not listed here, bring it to your consultation and we will answer it with your deed and account statements in front of us.
A funded trust lets your house pass to your family on the terms you set, without a probate case and its state-set fees. Contact Quinn & Dworakowski, LLP to schedule a consultation with our estate planning team at our Irvine office.