Does a Will Override a Trust?

Table of Contents

Key Takeaways
How Property Passes at Death in California
Why a Will Does Not Override a Trust
When Title Determines Which Document Controls
How Non-Probate Transfers Fit Into the Picture
What Happens If the Will and Trust Conflict
When Beneficiaries Should Take Action
Related Resources
FAQ
How The Grossman Law Firm Can Help

Key Takeaways

• A will does not override a trust in California.
• The document that controls an asset depends entirely on how the asset was titled at the time of death.
• Assets placed into a trust are governed solely by the trust, even if the will says otherwise.
• Beneficiary designations and joint tenancy override both the trust and the will.
• If a trustee mismanages property or relies on the wrong document, beneficiaries may need to take legal action.

How Property Passes at Death in California

When someone dies in California, their assets transfer in one of three ways:

1. Through a trust
2. Through probate under a will (or intestate succession)
3. Through a non-probate transfer

Each category is distinct, and each determines which document (or legal mechanism) governs the distribution.

Why a Will Does Not Override a Trust

A will and a trust are legally separate. A trust only controls the property formally transferred into it before death, while a will controls property outside the trust.

Because the trustee legally owns trust property, the will has no authority over those assets.

A will cannot override trust instructions, delay trust distributions, or change who receives trust property.

When Title Determines Which Document Controls

The title is the deciding factor.

Example

If John Smith owned a property titled:

• “John Smith, Trustee of the John Smith Trust” → the trust controls.
• “John Smith” → probate controls, and the will (if one exists) decides who inherits.

That is why mistakes in titling frequently lead to disputes. Beneficiaries often discover that assets intended for the trust were left out and must now go through probate.

How Non-Probate Transfers Fit Into the Picture

Some property bypasses both probate and the trust entirely. These include:

• Beneficiary designations
• Pay-on-death (POD) accounts
• Life insurance payouts
• Retirement accounts
• Annuities
• Joint tenancy property

Beneficiary Designations

These transfers operate contractually. Whoever is named receives the asset automatically. If the trust is named, the asset becomes a trust asset; if an individual is named, the individual receives it, regardless of what the will or trust says.

Joint Tenancy

In joint tenancy, the surviving joint tenant automatically inherits the property. Neither the trust nor the will has any authority over this transfer.

What Happens If the Will and Trust Conflict

When the documents conflict, California law looks to the title:

• Assets titled in the trust → the trust governs
• Assets not in the trust → the will governs
• Assets with beneficiary designations → the designation governs
• Assets held in joint tenancy → the surviving joint tenant inherits

There is no situation where a will overrides a properly funded trust.

Conflicts arise only when assets were never transferred into the trust as intended. Those issues often require court action to resolve.

When Beneficiaries Should Take Action

You may need legal help if:

• A trustee claims the will overrides the trust
• Assets appear missing or were not properly transferred
• A trustee refuses to separate trust and non-trust property
• Distributions are delayed without explanation
• Documents conflict, and the trustee chooses whichever benefits them
• Trust administration lacks transparency

Beneficiaries have strong rights under the California Probate Code. You can demand an accounting, compel distributions, remove a trustee, or petition the court to confirm property as a trust asset.

These disputes rarely fix themselves. The longer a trustee delays, the more risk there is to your inheritance.

Related Resources

• Overview of California Trust Litigation
• Beneficiary Rights in California?
• Can a Trustee Be Removed for Mishandling Assets?
• How to Get Your Trustee to Distribute Your Inheritance
• 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
• Can’t Afford a Probate or Trust Attorney?

FAQ

Can a will ever control trust property?

No. Trust assets are governed exclusively by the trust.

What if no one ever retitled the asset into the trust?

A Heggstad petition or court action may be required to confirm it as trust property.

Do beneficiary designations override trusts and wills?

Yes, unless the trust is named as the beneficiary.

Can a trustee rely on the will instead of the trust?

No. A trustee must follow the trust, not the will. Doing otherwise is a breach of fiduciary duty.

What if the trust and will name different beneficiaries?

The title determines which document applies.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.

Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

Originally Published Oct 10, 2023