
Chapter 01
How it works
The roles in a living trust, the funding step that makes it work, and what changes for your family at death.
How a revocable living trust works
Every living trust has the same roles, and at the start you usually hold most of them yourself:
- Settlor (or trustor) — the person who creates the trust and transfers property into it.
- Trustee — the person who manages trust property. You serve as your own trustee during your lifetime; married couples usually serve together.
- Beneficiary — the person the trust benefits. You are the beneficiary during your life; your children, other family or charities follow.
- Successor trustee — the person or professional fiduciary you name to take over at your incapacity or death.
- Pour-over will — a companion will that moves any asset left outside the trust into it and nominates guardians for minor children.
Funding: titling your property in the trust
Signing the trust is only half the work. Real estate is transferred by a deed to you as trustee, recorded with the county; bank and brokerage accounts are retitled or given a payable-on-death designation to the trust; business interests are assigned under the company’s operating agreement or bylaws. Retirement accounts stay in your name and are coordinated through beneficiary designations. Transferring your home into your own revocable trust is not a change in ownership for property tax purposes, so it does not trigger reassessment (Revenue and Taxation Code §62(d)). If an asset is missed, a Heggstad petition (Probate Code §850) may confirm it belongs to the trust — but correct funding avoids that court step.
Living trust or will: what changes at death
With a will alone, assets in your own name above $208,850 generally go through probate — a public court process whose statutory fees are calculated on the gross value of the estate (Probate Code §10810). With a funded trust, the successor trustee gathers the assets, pays final bills and taxes and distributes under the trust’s terms without a probate filing. The trustee still has duties: notifying beneficiaries and heirs within 60 days (Probate Code §16061.7), keeping beneficiaries reasonably informed and accounting for every transaction.

