Can I Avoid Probate for My California Home with a Revocable Living Trust?

Yes — in most cases, putting your California home into a revocable living trust allows your heirs to avoid probate entirely. This is one of the most effective and affordable estate planning tools available to homeowners in Los Angeles County.

What is a Revocable Living Trust in California?

A revocable living trust is a legal document that places your assets — including real estate — into a trust managed by a trustee (often yourself during your lifetime). Upon your death, the property transfers directly to your named beneficiaries without going through probate.

Key features:

• You can change or revoke it at any time

• It avoids probate court delays and costs

• It keeps your affairs private (no court records)

• It simplifies transfer of your home to heirs

Why Do Los Angeles Homeowners Use a Trust to Avoid Probate?

California probate can be costly and time-consuming, especially in Los Angeles County. On average, probate takes 9–18 months, and statutory probate fees can eat up 4–6% of the home’s value.

By placing a home into a revocable living trust:

• Your heirs skip the court process

• You avoid court confirmation delays

• You minimize legal disputes and family tension

• You retain full control during your lifetime

What Happens If a Home Is NOT in a Trust?

If your home isn’t in a trust and there's no joint ownership or TOD deed:

• Your heirs must file a Petition for Probate

• The property becomes part of your probate estate

• A court-appointed personal representative handles the sale or transfer

• The process becomes public record

In high-value areas like Pasadena and Los Angeles, this delay can stall listings, evictions, and estate resolutions — adding stress to grieving families.

How to Set Up a Revocable Living Trust for Your Home

1. Work with an estate planning attorney — especially one experienced in California trust law.

2. Create the trust document — naming yourself as trustee and your heirs as beneficiaries.

3. Transfer title of the home into the trust using a quitclaim deed or grant deed.

4. Record the deed with the LA County Recorder’s Office.

5. Store your trust safely, and notify key family members or advisors.

Do I Still Need a Will If I Have a Living Trust?

Yes — a pour-over will is still recommended to catch any assets not titled in the trust. This ensures your entire estate is covered, but the trust handles your real estate directly.

Local Tip for Los Angeles County Residents

In Los Angeles County, court backlogs make probate particularly slow. That’s why more families are opting for trusts, especially with the new AB 2016 rules on appraisals and inventory valuations adding complexity. A living trust keeps things out of the court system entirely.

Want Help Deciding If a Trust Is Right for Your Property?

The Borges Real Estate Team works hand-in-hand with trusted estate planning attorneys to help LA families avoid probate when possible. If you're managing an estate or want to plan ahead for your own home:

Contact us today for a free consultation.