Planning for the future can feel overwhelming, but when it comes to protecting your loved ones, trusts play a powerful role. Unlike a will, which often goes through probate and becomes public record, a trust allows assets to be transferred privately.

This privacy is often a key reason people choose trusts, but it also means they’re not readily accessible to just anyone. At The Law Office of Eric Ridley, helping individuals and families through the complexities of trusts and probate is what I’m here for.

If you’re looking to locate a trust in California, you’ve come to the right place. Let’s go over the essential steps for finding a trust in this state.

How to Look Up a Trust in California

While it may feel like searching for a needle in a haystack, finding a trust document doesn’t have to be confusing if you know where to look. Here’s how to get started.

Step 1: Gather Necessary Information

Before diving in, make sure you have some critical details on hand. You’ll want the grantor’s (the person who created the trust) full name, ideally along with the trustee’s name and the date the trust was established. These bits of information act like keys in your search.

Knowing whether the trust is revocable or irrevocable can be helpful too. A revocable trust is more commonly altered or revoked during the grantor’s lifetime, while an irrevocable trust generally cannot be changed.

Each type of trust has its own rules on access, so identifying the type can guide you in the right direction.

Step 2: Contact the Trustee

The trustee, or sometimes a successor trustee, is responsible for managing the trust according to the grantor’s wishes. This person is usually your best point of contact for locating trust details. If you’re a beneficiary, the trustee is legally obligated to share a copy of the trust document with you upon request.

This obligation applies to heirs too, meaning if you’re a close relative of the grantor, you’re within your rights to ask. Now, if the trust is a revocable living trust and the grantor is still alive, you may still reach out to the trustee—they can often share certain information voluntarily.

Step 3: Contact Professionals Involved in the Trust Creation

If the trustee can’t help, the attorney or accountant who helped create the trust might hold a copy. Lawyers are generally required to retain records for a certain period, so there’s a good chance they’ll still have the document.

Even if the original attorney has retired or moved on, they may have transferred files to another lawyer or firm. You can check with the The State Bar of California to see if they have information on where the files may have ended up.

Step 4: Search Personal Records and Belongings

Sometimes the answers are closer than you think. Start by checking the deceased’s personal records, such as home files, safes, and storage boxes. Safety deposit boxes are also worth checking if you have access.

Look for anything that might mention the trust, like bank statements or property deeds that could have trust references. Often, grantors keep at least one copy of their trust document in a secure but accessible place, so a bit of careful searching might reveal it.

Step 5: Inquire with Family and Friends

It’s also possible that a close family member or friend knows something about the location of the trust document. People don’t always discuss estate matters, but there’s a chance the grantor mentioned the trust to someone they trusted. It’s worth a few discreet questions with those who knew the grantor well.

Step 6: Check with the County Recorder’s Office

When real estate is involved, trust records may leave traces with the County Recorder’s Office. If a property was transferred to the trust, it should be recorded.

This document won’t likely include the full details of the trust but can confirm the trust’s existence and some relevant details. If you’re aware of any real estate connected to the trust, locate the County Recorder’s Office for that property’s location.

These offices are generally accessible, though you may need to pay a small fee for a search.

Step 7: Visit the Probate Court

If the trust was involved in probate proceedings, there might be records in the local Probate Court. This is particularly relevant if you’re dealing with a testamentary trust (one that was established through a will).

If the trustee is unwilling to provide a copy of the trust document, you may even file a petition with the court to compel them to produce it. This option can be helpful in cases where other routes have hit a dead end.

Step 8: Refer to the California Probate Code

Under California Probate Code, beneficiaries and certain heirs have the right to inspect a trust document. Specifically, Probate Code Section 18100 et seq. and Section 16061.7 outline who has access and the trustee’s responsibilities.

These sections can provide the basis for asserting your right to view the trust if there’s resistance from the trustee.

Step 9: Look Online (If Applicable)

Although California doesn’t typically provide full access to trusts online, you might find limited information depending on the type of trust and whether it was recorded in connection with any legal proceedings.

Resources like the California Courts website or even county-specific legal resources can sometimes point you to relevant information, especially if you’re dealing with a public dispute over the trust.

Need Help with a Trust in California? Contact Eric Ridley Law Office Today

Trusts, while incredibly useful tools in estate planning, can feel tough to access without clear guidance. At the Law Office of Eric Ridley, we understand how important it is to get it right when it comes to your loved one’s estate.

Whether you’re struggling to locate a trust or need help understanding your rights as a beneficiary, I’m here to assist. Don’t hesitate to reach out for a free consultation at (805) 244-5291, and together, we’ll find a way forward that respects both your needs and those of your loved ones.