You signed the trust, filed the binder away, and now someone’s told you it was never “funded.”
That matters. A California living trust generally controls only the assets titled in its name. If your house is still in your personal name, your family may have to go to court to move it into the trust, or it may go through probate.
This can be fixable with a new deed and a few account forms. The estate planning team at Quinn & Dworakowski, LLP, led by Sophy Han, reviews trusts for Orange County families in English and Chinese.
What Happens to Assets Left Outside a Living Trust
An asset that isn’t titled in your living trust may be handled as if the trust didn’t exist. The exception is when your trust papers are strong enough for a court to count it as trust property. If the asset has no named beneficiary or co-owner, and it’s worth too much for a shortcut, it may have to go through probate at the Orange County Superior Court. That often takes a year or more. A pour-over will usually moves that asset into your trust, but only after probate ends.
Fees under California Probate Code § 10810 are figured on gross value, so a $1.18 million home carries a $24,800 attorney fee and the executor can claim the same. A California living trust attorney can spot these gaps early, and the state’s simplified transfer rules The state’s simplified transfer rules can help in some cases. They cover small estates, a main home worth up to $750,000, and property passing to a surviving spouse.
Why the $750,000 Probate Shortcut Rarely Helps in Orange County
Since April 1, 2025, California Probate Code § 13151 has let heirs transfer a primary residence worth up to $750,000 through a shorter court petition. In Orange County, Zillow put the county’s median home value at $1,178,889 in August 2026, and the cap counts gross value before the mortgage, so most Irvine homes blow right past it.
When a home never made it into the trust, our firm can file the petition to fix it.
Can a Heggstad Petition Fix an Unfunded Living Trust?
Often, yes. A Heggstad petition under California Probate Code § 850 asks a judge to confirm an asset belonged to the trust even though the title never changed. It still means a filing fee, notice to heirs, and a court date, so treat it as a last resort.
How to Fund a Living Trust in California
Funding means retitling each asset so the trust owns it, and a California living trust attorney can handle all three steps in one meeting.
- Record a trust transfer deed for your home with the Orange County Clerk-Recorder.
- Retitle bank and brokerage accounts into the trust’s name.
- Confirm beneficiaries on retirement accounts and life insurance.
Frequently Asked Questions
What happens to a car that isn’t in my living trust?
It usually won’t need probate. The California DMV lets heirs transfer a vehicle by affidavit after 40 days. The car’s own value doesn’t count toward the limit. But the rest of the estate outside the trust must be $208,850 or less, and no probate case can be open. Ask for form REG 5.
Do I have to re-fund my trust after a refinance?
Sometimes. Some lenders take the home out of the trust to refinance, and it doesn’t always go back. Check your recorded deed after closing.
Quinn & Dworakowski, LLP: Your Estate Planning Law Firm
An unfunded trust is a common hole in a California estate plan, and it’s easiest to fix while you’re still here to sign. If you’ve been wondering whether your trust will hold up, contact our firm today and we’ll check it with you.
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