Online living trust in California: why Californians use them, and which service to choose

Californians use living trusts more than anyone else in the country, and for a concrete reason: California probate is slow and costly, and California homes are worth more than the limits for the simplified procedures. If you own a home in the state, a funded living trust is usually the most effective thing you can do for your family’s paperwork.

You do not necessarily need a lawyer for it. This page sets out the California numbers from the state’s own court website, then which online trust fits which California household. Prices come from each company’s own pages, read on the date in the facts table. This is general information, not legal advice.

What does California probate involve?

The California courts’ self-help site is direct about it. Formal probate “typically takes 9 to 18 months and can sometimes take even longer”, and elsewhere the fastest it can happen is “typically 9 months”. The court filing fee is typically $435. On top of that come the executor’s and attorney’s fees, which the site says are generally set by law as a percentage of the total value of the estate.

When can a California estate skip probate?

California has simplified procedures for smaller estates. The court site lists these limits for deaths on or after April 1, 2025:

Procedure	Limit
Collecting personal property by affidavit (Probate Code 13100)	$208,850
Real property of small value (Probate Code 13200)	$69,625
A decedent’s main California home, by court petition	$750,000

The court site says the amounts change every few years and that the next update is on April 1, 2028. Note that another page on the same site still gives $184,500 for personal property, the figure for deaths from April 2022 to March 2025; use the current figure above for deaths after April 1, 2025.

The practical point: the real property limit is far below the value of almost any California home. The main-home petition helps when the house is worth no more than $750,000; even then it is a court filing. A funded trust avoids court entirely.

A surviving spouse also has a route: the court site describes a spousal property petition for property the spouse is entitled to, and says that community property may pass to the surviving spouse by right of survivorship. That helps at the first death. The trust earns its keep at the second.

Trust or transfer-on-death deed?

California allows revocable transfer-on-death deeds. The court site describes the process: fill out a simple form, notarise it and record it with the County Recorder’s Office; you can revoke it if you change your mind. At your death, the beneficiary records a notarised affidavit of death.

A transfer-on-death deed is cheaper and simpler than a trust for a single home with simple wishes. A trust does more: it covers your incapacity, holds money for children on your terms, and handles other assets in one place. WillMaker’s Plus plan includes both, so you can choose.

Couples: California is a community property state

Most property a married couple acquires in California is community property, and that shapes the trust:

• Trust & Will builds a joint trust for couples in community property states.
• LegalZoom’s couple trust is One joint living trust with two pour-over wills.
• GoodTrust allows a joint trust, with a pour-over will for each spouse.
• WillMaker lets each spouse make documents under one plan; check its manual for how its trust handles couples.

For a first marriage with mostly shared property, a joint trust is the normal choice. In a second marriage with significant separate property, separate trusts or an attorney may serve you better; see our blended families page.

Which online trust fits a California household?

Service	Couple price	Funding help	Note
FreeWill	Free, California residents only	None	No amendments: start a new trust if it is unsigned and unfunded; otherwise move assets to a new trust or see an attorney
Quicken WillMaker & Trust Plus	$149	None	Includes a transfer-on-death deed
GoodTrust	$149	None published	Downloads need an active subscription
LegalZoom Basic Trust	$499	Deed service, $249, plus state filing fees	Nothing renewing
Trust & Will	$599	Deed partner, $140 per deed, plus recording fees; mobile notary	Membership optional

FreeWill is the obvious starting point for simple California estates, because its trust is free for California residents. The catch is that it cannot amend a signed trust; if your wishes might change, a paid service with editing is safer. Our FreeWill review explains.

WillMaker Plus is the lowest paid price for a couple, and its transfer-on-death deed gives you an alternative for the house.

Trust & Will or LegalZoom are the choice if you want someone else to prepare and record the deed into the trust, which in California also means filing a change of ownership report with the county.

Funding a California trust

The trust only avoids probate for what you put in it. For a California home that means a new deed into the trust, notarised and recorded with the county recorder, usually with a Preliminary Change of Ownership Report. Transferring your home into your own revocable trust does not normally trigger property tax reassessment, but ask your county assessor about any form it needs. Our funding guide covers bank and investment accounts too.

When to see a California estate planning attorney

• Your estate is large enough for federal estate tax planning.
• You have a blended family and want your spouse provided for and then your own children.
• You own a business, rental properties or property in other states.
• A beneficiary has special needs.

Your next steps

1. Estimate what would go through probate: your home and anything without a beneficiary.
2. Compare with the limits above; if your home is involved, a trust or transfer-on-death deed is worth doing.
3. Choose a service from the table.
4. Sign the trust before a notary, and your pour-over will with two witnesses.
5. Record the deed into the trust with your county, and retitle your accounts.