Can I create a revocable living trust to avoid probate?

What the Law Says

California law explicitly authorizes revocable living trusts and confirms they bypass probate when properly funded.

A revocable living trust is a legal arrangement where you (the settlor) transfer ownership of your assets to a trust you control during your lifetime. You name yourself as trustee and beneficiary, retaining full control. Upon your death, a successor trustee distributes assets according to your instructions — without court supervision.

Probate is avoided because the trust — not your individual estate — holds legal title to the assets. Only assets titled in your individual name (without beneficiary designations or joint ownership) go through probate.

California Probate Code §15000 confirms that a trust may be created during the settlor’s lifetime and that its terms govern administration after death — outside of probate court.

Statutory Text

A trust may be created during the lifetime of the settlor.

— Probate Code §15000 — Creation of trust

Statutory Text

A trust created during the lifetime of the settlor is a 'living trust.'

— Probate Code §15001 — Definitions

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