Your Trust Is Signed. Is It Funded?
A trust review includes the property and accounts it is intended to hold. Current deeds, account registrations, and beneficiary forms help show whether the plan has been carried out.
October 12, 2026
An estate plan can become out of date even when your intentions have not changed. A new account, a property purchase, or a refinance may affect how assets are owned. Reviewing the documents alongside current records helps identify whether further work is needed.
For a living trust, that review includes funding: completing the transfers and registrations needed for the trust to hold the assets intended for it. Signing the trust document may be only one part of that work.
Compare Your Asset List With Current Records
Begin with the instructions your attorney provided when the trust was created. List the assets intended for the trust and find the current ownership record for each.
For real estate, review the recorded deed. For a bank or brokerage account, review its registration. Business interests may require assignments, consents, or other documents under the governing agreement. Ask your attorney what evidence confirms that each transfer is effective.
Avoid relying on the account's nickname or a folder label. Those conveniences do not establish legal ownership.
Revisit Transactions Since the Trust Was Signed
A refinancing or a later transfer can affect title to a home. An account opened afterward may have a registration that differs from the estate plan. A business agreement may restrict transfers or require another owner's consent.
The same questions apply to rental property and agricultural land. If family members have an informal understanding about future ownership, ask whether the legal records support that intention.
Do not transfer an asset simply because it appears on a checklist. Mortgage terms, insurance, property-tax treatment, and business agreements can require additional review.
Review Beneficiary Forms Separately
Retirement accounts and insurance policies generally pass under their beneficiary arrangements. The form on file may therefore determine who receives the asset, even if another estate document describes a different intention.
Request the current designation and check the primary and contingent beneficiaries. Discuss any deceased beneficiary, family change, or outdated information with the appropriate professional.
Naming a trust as a retirement-account beneficiary can have significant consequences. Account ownership and beneficiary designation are different decisions. Your attorney and tax advisor should evaluate the arrangement before changes are made.
Understand the Role of a Pour-Over Will
An estate plan may include a pour-over will directing certain remaining assets into the trust after death. Carrying out that direction may require court proceedings. The existence of the will does not automatically avoid administration for every asset outside the trust.
California also has procedures that can transfer some property without formal probate. Eligibility depends on the property, the date of death, value limits, and other requirements. Those rules changed in 2025, including a separate procedure for a qualifying primary residence.
An attorney can explain the available process, likely expense, and timing. General statements that every home outside a trust requires a lengthy probate can be misleading.
Bring a Focused List to the Attorney
A useful review includes:
- Recorded deeds for each property and records of subsequent transfers.
- Current account registrations and beneficiary designations.
- Business ownership documents and transfer restrictions.
- The trust's named trustees and successor trustees.
- Changes in the family or in the distribution you intend.
- Any asset whose ownership or treatment is unclear.
Confirm that the people named to act still understand and can accept their responsibilities. Ask where signed documents should be kept and who needs access to them.
What This Means For You
- Review current ownership records alongside the trust instructions.
- Treat retirement-account beneficiaries as a separate review.
- Ask about California transfer procedures before assuming formal probate is required.
- Have an attorney evaluate proposed title changes.
Thiesen Dueker's trust and estate planning services can support a conversation about how your financial assets fit your estate intentions. Legal drafting and transfer advice belong with your attorney.
If you would like help organizing the financial information for that discussion, contact your Thiesen Dueker advisor.
To speak with Thiesen Dueker, visit thiesendueker.com or call (559) 448-8190.
Frequently Asked Questions
What does funding a living trust mean?
It means taking the legal steps needed to place intended assets under the trust, such as changing a deed or account registration. The required steps depend on the asset and the trust documents.
Should I retitle my IRA to my living trust?
Do not retitle a retirement account without professional advice. Retirement accounts generally use beneficiary designations, and naming a trust as beneficiary requires a separate tax and legal review.
Does property outside a trust always require formal probate?
No. Ownership, beneficiary arrangements, the property's value, and California's transfer procedures can affect the answer. Ask an estate-planning attorney which process applies.
Sources
Important Disclosures
Content in this material is for general information only and not intended to provide specific advice or recommendations for any individual.
Securities and advisory services offered through LPL Financial, a registered investment advisor, Member FINRA/SIPC.
This information is not intended to be a substitute for specific individualized legal advice. We suggest that you discuss your specific situation with a qualified legal advisor.
Financial representatives offer access to Trust Services through The Private Trust Company N.A., an affiliate of LPL Financial.
This material was prepared for Thiesen Dueker's use.
Keeping trusts, wills, beneficiary designations, and account titles organized so your plan works as intended.
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