This is a good question. Many people create a California trust only to fail to take all the steps necessary to bring all their assets under the trust. Property not held in the California trust may have to go through California probate. All real property should have their title changed. The tile would go from the name of the owner to a name that includes the mention of the trust. Some types of property, whose ownership is not established formally by a title —can be transferred to the California trust. This would be done by adding them on the list of assets of the trust document.
It may be difficult to keep such a list updated and include all the assets in the trust. The solution is for the settlor to write what is called a “pour-over will”. A pour over will transfers all the decedent’s assets that have not yet been included in the California trust.
In conclusion, call San Diego estate planning and probate attorney Scott Grossman for a free discussion of your case. We also recommend you order his free legal book The Insider’s Guide to California Probate and Trust Administration .
The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.
Pour-Over Will (noun):
A will established by a grantor who has set up a trust that upon the death of the Grantor, all of his or her assets are to be transferred – or “poured over” – to the Trust and will be administered according to the Trust.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307