Funding a trust in California means retitling your assets so the trust owns them, and anything left in your own name can still land in probate.
Quinn & Dworakowski, LLP helps Orange County families check what’s funded and finish what isn’t.
What Assets Go Into a Living Trust?
Three categories cover nearly everything you’ll retitle.
IRAs and 401(k)s are the exception, since changing the owner is generally treated as a full withdrawal. A dedicated Orange County estate planning attorney experienced in funding a trust in California helps you coordinate those beneficiary designations instead. If you’re married, naming anyone other than your spouse as a 401(k) beneficiary, including your trust, generally requires your spouse’s written consent.
Will Funding My Trust Raise My Property Taxes?
No. Transferring your home into your own revocable trust isn’t a change in ownership under Revenue and Taxation Code Section 62(d), as the California State Board of Equalization (BOE) confirms. Just file a Preliminary Change of Ownership Report with the deed.
What Happens If a Trust Isn’t Funded?
An unfunded trust leaves your successor trustee holding a document with nothing inside it. According to California Courts, for deaths on or after April 1, 2025, Probate Code Section 13100 lets heirs collect personal property by affidavit if the estate’s gross value, with certain exclusions, is $208,850 or less, and Probate Code Section 13151 lets them petition to transfer a primary residence worth up to $750,000.
That home petition still means a court filing that can’t be made until 40 days after death, notice to every heir, and a hearing at Orange County Superior Court. Bigger estates face full probate, where statutory fees under Probate Code Sections 10800 and 10810 on a $1 million estate run $23,000 each for the attorney and executor, mortgage included.
That’s why an attorney experienced in funding a trust in California checks every account. Our estate planning team, led by Shanshan “Sophy” Han, works in English, Mandarin, and Korean.
Frequently Asked Questions
Does a pour-over will fund my trust?
No, it only moves leftover assets into your trust after you die. Those assets still go through probate under California law unless they fall under a small estate limit, so treat the will as a safety net. If your trust’s schedule of assets or another signed writing shows you meant an asset to be in the trust, your successor trustee may be able to use a Heggstad petition under Probate Code Section 850 instead, though it still requires a court filing and isn’t guaranteed.
Do I need to fund my trust again if I buy a new house?
Yes, and it’s easiest at closing. Escrow can often vest title in your name as trustee, saving a second county recording fee, though some lenders require a separate deed after closing. Check title again after any refinance, too.
How can I tell if my house is actually in my trust?
Check the most recent deed recorded on your home. If it names you as trustee of your trust, the house is funded. You can search the Orange County Clerk-Recorder’s online Grantor/Grantee Index by name, then order an official copy of the deed.
Quinn & Dworakowski, LLP: Your Estate Planning Law Firm
If you have questions about funding your trust or making sure your assets are properly protected, contact our firm today.
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