Do You Still Need a Will If You Have a Trust in California?

Many Californians set up a revocable living trust to avoid probate, protect assets, and simplify inheritance. But here’s a common question: If I already have a trust, do I really need a will too?

The answer is yes. Even with a trust in place, a will—specifically a pour-over will—plays a critical role in your estate plan. In this post, we’ll explore why a will is still necessary in California, how it works alongside your trust, and what happens if you skip it.

What Is a Pour-Over Will?

A pour-over will is a simple will that works hand-in-hand with your living trust. Its main purpose is to “catch” any assets that weren’t transferred into your trust during your lifetime and “pour” them into the trust after your death.

Think of it as a safety net. Even the most organized people forget to move an account, property, or asset into their trust. The pour-over will ensures those assets eventually end up in the trust and are distributed according to its terms.

Naming Guardians for Minor Children

Another crucial reason you still need a will: naming guardians for your minor children.

A trust controls property and financial assets, but it cannot name who will raise your children if you pass away. Only a will gives you the legal power to designate guardians. Without this, the court will decide—possibly choosing someone you would not have picked.

What Happens If You Don’t Have a Will in California?

If you pass away without a valid will, California’s intestacy laws determine who inherits your assets.

• If you’re married, your spouse may share assets with children, parents, or siblings.

• If you’re single, your assets may go to children, parents, or extended family—even if you’re estranged.

• If no relatives can be found, your estate may escheat (revert) to the State of California.

These default rules often don’t reflect someone’s true wishes. A will ensures your choices—not the state’s—guide inheritance.

The Relationship Between a Will and a Trust

It’s not about choosing a will or a trust. The most effective California estate plans include both.

• The Trust – Manages and distributes assets without probate.

• The Will – Acts as a backup, appoints guardians, and pours forgotten assets into the trust.

Together, they form a safety net that ensures all assets and family decisions are covered.

Common Misconceptions

“I Don’t Need a Will Because I Funded My Trust Completely.”

Even if you’re meticulous, things change—new accounts, refinanced properties, inherited assets. A pour-over will ensures nothing slips through the cracks.

“A Will Is Just as Good as a Trust.”

Not in California. A will by itself still requires probate, which is slow, expensive, and public. Only a trust avoids probate.

FAQs About Wills and Trusts in California

Does a Pour-Over Will Avoid Probate?

Not entirely. Assets caught by the pour-over will may still go through probate if they exceed California’s small estate threshold. That’s why funding your trust during your lifetime is crucial.

Can I Name Different Beneficiaries in My Will and Trust?

Yes—but it’s not recommended. Conflicting instructions can create disputes. Most people design their will to funnel everything into their trust for consistency.

Conclusion

So, do you still need a will if you already have a trust in California? Absolutely. A will—especially a pour-over will—is an essential safety net that protects your family, covers overlooked assets, and ensures guardianship decisions are legally enforceable. By combining a living trust and a will, you gain both efficiency and security in your estate plan.