Should You Put Your Home in a Trust? What Every Homeowner Should Know

If you own real estate in California, especially in the Coachella Valley, chances are someone has asked: Do you have a trust? If your answer is no—or “I’m not sure”—this post is for you.

Placing your home in a trust can be one of the smartest estate planning decisions you make. But like any legal tool, it comes with pros, cons, and a few misunderstandings.

What Is a Trust?

A trust is a legal arrangement where you transfer ownership of your property to a separate legal entity—the trust—which you control (or a designated trustee does) for the benefit of yourself and/or your heirs.

There are different types, but most homeowners use a revocable living trust to manage their home and other assets.

3 Key Benefits of Putting Your Home in a Trust

1. Avoid Probate

In California, the probate process can be long, expensive, and public. If you pass away and your home is not in a trust, your heirs could be tied up in court for months—sometimes over a year.

The cost? California’s statutory probate fees are based on the gross value of the estate:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000

That means a $600,000 home could trigger $15,000–$18,000 in probate fees—plus court costs, appraisals, and potential executor or attorney fees on top.

By contrast, creating a trust typically costs $2,000–$3,500 in attorney fees (often less if bundled with other estate planning). And once it’s set up and funded properly, there’s no probate court involvement.

Savings potential: Thousands of dollars, months of delay, and peace of mind.

2. Keep Things Private

Probate proceedings are public record. Trusts are private.

That means no court dates, no required public notices, and no outside parties digging into your estate.

3. Plan for Incapacity

If you become incapacitated, your successor trustee can manage your property without the need for a court-appointed conservator. That’s a big relief for families trying to make decisions quickly.

What a Trust Does Not Do

• It doesn’t shield you from taxes (although other types of trusts might).
• It won’t protect you from creditors unless it’s an irrevocable trust.
• It doesn’t replace a will—you should still have one for items outside your trust.

Should Every Homeowner Have a Trust?

If you own real estate in California, the answer is usually yes.

The cost of creating a trust is typically far less than the costs of probate, especially for homes with significant equity. It’s a proactive step that can save your loved ones time, money, and stress.

Bottom line: A trust isn’t just for the wealthy—it’s for anyone who wants clarity, control, and peace of mind when it comes to passing on their home.

Want to connect with a trusted estate planning attorney or learn how a trust impacts your home sale or inheritance plans? Let’s talk.

Reach out anytime. I’m here to help.