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California
Updated October 15, 2026
California's Probate Code lists five ways to create a trust, requires an intention and trust property, and says a trust of real property 'is not valid unless evidenced by' a signed written instrument. Heirs can collect a small estate by affidavit at $208,850 or less for a death on or after April 1, 2025.
leginfo.legislature.ca.gov and the Judicial Council's adjusted amounts, read Oct 14, 2026.
Section 15200, methods. 'Subject to other provisions of this chapter, a trust may be created by any of the following methods: (a) A declaration by the owner of property that the owner holds the property as trustee. (b) A transfer of property by the owner during the owner's lifetime to another person as trustee. (c) A transfer of property by the owner, by will or by other instrument taking effect upon the death of the owner, to another person as trustee. (d) An exercise of a power of appointment to another person as trustee. (e) An enforceable promise to create a trust.'1 A revocable living trust in which you are your own trustee is the first method.
Sections 15201 and 15202, intent and property. 'A trust is created only if the settlor properly manifests an intention to create a trust.' 'A trust is created only if there is trust property.'23 The second sentence is the statutory reason the services tell you to fund the trust: a signed document with nothing transferred into it is not yet a trust of that property.
Section 15206, real property. 'A trust in relation to real property is not valid unless evidenced by one of the following methods: (a) By a written instrument signed by the trustee, or by the trustee's agent if authorized in writing to do so. (b) By a written instrument conveying the trust property signed by the settlor, or by the settlor's agent if authorized in writing to do so. (c) By operation of law.'4 The section requires a signed writing; it does not mention a notary or witnesses. The deed that moves a home into the trust is recorded with the county, and recording offices have their own acknowledgment requirements that this page does not cover.
Section 15207, oral trusts. 'The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence.' 'The oral declaration of the settlor, standing alone, is not sufficient evidence of the creation of a trust of personal property.'5
Section 13100, small estates. 'if the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will' collect money due, receive tangible personal property or have a debt or security transferred6. The Judicial Council's adjustment table: $166,250 before April 1, 2022; $184,500 from April 1, 2022; $208,850 on or after April 1, 2025; next adjustment April 1, 20287. On Oct 14, 2026 the courts' self-help page still printed the 2022 figure and linked to the current limits; the PDF is the figure used here8.
| Rule | What the Code says | Where |
|---|---|---|
| How a trust is created1 | Declaration, lifetime transfer, transfer by will, power of appointment, or enforceable promise | Probate Code 15200 |
| Intent2 | Only if the settlor 'properly manifests an intention to create a trust' | Probate Code 15201 |
| Property3 | Only if 'there is trust property' | Probate Code 15202 |
| Real property4 | Signed written instrument by trustee or settlor, or by operation of law; no notary or witness named in the section | Probate Code 15206 |
| Oral trust of personal property5 | Clear and convincing evidence; the settlor's declaration alone is not enough | Probate Code 15207 |
| Small estate affidavit7 | $208,850 or less for a death on or after April 1, 2025; 40 days after death; excludes 13050 property and a 13151 petition | Probate Code 13100; Judicial Council adjustment |
| Primary residence petition7 | $750,000 for a death on or after April 1, 2025, limited to the decedent's primary residence in California (AB 2016) | Probate Code 13151 to 13154; Judicial Council adjustment |
| Affidavit practicalities8 | Not for real property; no probate case open; not legally required to be notarized, though institutions may ask | Courts self-help guide |
| Source | leginfo.legislature.ca.gov and courts.ca.govRead Oct 14, 2026 | leginfo.legislature.ca.gov and courts.ca.govRead Oct 14, 2026 |
Paraphrased in the table; the statutes' words are quoted above. Other sections of the Trust Law are not covered here.
Prices from each service's own page. The same table, with the will price and our difference column, is on the trust cost guide.
| Service | Trust price | Will price at the same service | Trust minus will (our arithmetic) | What the trust package includes (the service's words) | Signing and funding (the service's words) |
|---|---|---|---|---|---|
| Trust & Will Trust Plan9See pricesOpens Trust & Will's site. Not a referral link. | $499 one person; $599 couples | $199 one person; $299 couples | $300 (our arithmetic, either plan size) | Revocable Living Trust, Pour Over Will, HIPAA Authorization, Living Will, Power of Attorney, Schedule of Assets, Certification of Trust; 'Trust funding guide' in the compare table | 'Sign and notarize at your convenience'; then 'Fund your trust' with its guide |
| LegalZoom Basic Trust11Get a quote | $399 one person; $499 couples | $129 Basic Will one person; $229 couples | $270 (our arithmetic, Basic trust minus Basic will; the trust package adds a directive, power of attorney and HIPAA form that the Basic will lacks) | Living trust, pour-over will, healthcare directive, financial power of attorney, HIPAA authorization, certificate of trust, schedule of assets, bill of transfer, 30 days of revisions, one printed set | 'Sign and transfer ownership to your trust'; download in 2 to 3 business days |
| EZ Will and Trust Trust Package14Get a quote | $550 single; $650 joint | $149 Will Package | $401 single (our arithmetic) | Revocable Living Trust, Certificate of Trust, Pour-Over Will, Durable Financial Power of Attorney, Advance Healthcare Directive with HIPAA, editable documents, 1 year storage ($19.99/year after) | You print, sign and have the documents 'witnessed and/or notarized according to state requirements' |
| WillMaker Plus Plan15See pricesOpens WillMaker's site. Not a referral link. | $149 | $109 Starter Plan (will, directive, final arrangements; no trust) | $40 (our arithmetic, Plus minus Starter) | Plus adds Durable Power of Attorney, Letters to Survivors, Living Trust, Transfer on Death Deed and the download version; up to five of each document | 'Living trusts are notarized' per its FAQ; state-specific signing instructions |
| LawDepot living trust template13Get a quote | 7-day trial, then $49/month; estate documents $35/month or $107.88/year; all documents $155.88/year; single document $7.50 to $119 | Same subscription covers the will | No difference on a subscription; the single-document price for the trust is not stated | Revocable living trust document; a pour-over will is a separate document | 'Sign it in front of a notary public'; a trustee other than you also signs; retitle assets (new deed, update accounts) |
| Source | Each service's trust pageRead Oct 14, 2026 | Each service's will pageRead Oct 14, 2026 | Our arithmeticRead Oct 14, 2026 | Each service's trust pageRead Oct 14, 2026 | Each service's trust pageRead Oct 14, 2026 |
A dash means the page does not state it. Trust & Will's will price ($199) and LegalZoom's ($129) are from those services' will pages read the same day1012.
None of the five pages gives a California-specific signing rule; each gives a general instruction. Trust & Will: 'most states require that the Trust be notarized in order to hold real property' and 'A Trust, unlike a Will, does not need to be signed in front of any witnesses unless you live in Florida'9. LawDepot: 'sign it in front of a notary public', and 'If your state requires your Living Trust to be notarized, our questionnaire will automatically include a section at the bottom of your document for notarization'13. WillMaker: 'Living trusts are notarized'15. EZ Will and Trust: you have the documents 'witnessed and/or notarized according to state requirements'14.
Section 15206 itself asks for a signed writing and names no notary4. The notary the services describe matters at the next step, the deed: LawDepot's step 3 is 'File a new deed transferring the property to the trust's name'13, and LegalZoom warns that 'If you die without funding your living trust, your estate will be subject to the probate process'11. Section 15202's 'only if there is trust property' is the statutory version of the same point3. County recording requirements and a lawyer's advice on your deed are outside this page.
Step 1
Probate Code 15200 lists the methods; for real property, 15206 requires a written instrument signed by the trustee or settlor.
Step 2
The sections we read name no notary. Every service tells you to notarize anyway, Trust & Will because institutions and real property transfers ask for it.
Step 3
LawDepot: file a new deed in the trust's name. LegalZoom: an unfunded trust leaves the estate in probate. Section 15202: no trust without trust property.
Step 4
LawDepot: update title or ownership information with your bank or brokerage. LegalZoom says a 401k cannot be moved into the trust.
Step 5
$208,850 by affidavit after 40 days for personal property; $750,000 by petition for a primary residence, for deaths on or after April 1, 2025.
Good for a one-time trust package with a POA and directive
Good for a state trust form you complete yourself
Good for a template with step-by-step notarizing and funding
Good for a one-time price with an optional year of attorney calls
Good for a trust with the Will Plan documents bundled
Probate Code 15206, the section on trusts of real property, requires a written instrument signed by the trustee or the settlor and does not mention a notary. Trust & Will, LawDepot and WillMaker each tell customers to notarize, Trust & Will citing real property and financial institutions. Ask a California-licensed lawyer about your own trust and deed.
The sections we read (15200 to 15207) name no witnesses. Trust & Will says a trust 'does not need to be signed in front of any witnesses unless you live in Florida'; that is the service's statement.
$208,850 for a death on or after April 1, 2025, under Probate Code 13100 and 13101 as adjusted by the Judicial Council; $184,500 for deaths from April 1, 2022 to March 31, 2025. The next adjustment is April 1, 2028. The affidavit cannot be used for real property; a separate petition covers a primary residence up to $750,000.
On Oct 14, 2026 that page still printed the 2022 figure and linked to the current limits. The Judicial Council's adjusted-amounts PDF lists $208,850 for deaths on or after April 1, 2025 and is the figure used here.
Probate Code 15202: 'A trust is created only if there is trust property.' LegalZoom puts it as: an unfunded trust leaves the estate subject to probate.
On Oct 14, 2026: $399 (Basic) or $549 (Premium) at LegalZoom, $499 at Trust & Will, $550 single or $650 joint at EZ Will and Trust, $149 for WillMaker's Plus Plan, and a subscription at LawDepot (7-day trial, then $49/month). Notary and county recording fees are extra and not listed on any page.
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Prices, plans and terms belong to each service and can change. The service's own page is the final word on price, availability and terms.
WillWise Guide is not a law firm, does not give legal advice and does not match anyone with a lawyer. The statutes are quoted as published on the dates shown and cover three states only. For advice about your situation, speak to a lawyer licensed in your state.