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How to create a living trust in California Take stock of your assets. ... Choose a trustee. ... Choose your beneficiaries. ... Draw up your Declaration of Trust. ... Consider signing your trust document in front of a notary public. ... Transfer your property to the trust.
Generally, a trust is subject to tax in California ?if the fiduciary or beneficiary (other than a beneficiary whose interest in such trust is contingent) is a resident, regardless of the residence of the settlor.? See Cal. Rev. & Tax 1774(a).
The trustee may have to file a return if the trust meets any of these: The trustee or beneficiary (non-contingent) is a California resident. The trust has income from a California source.
This means that a trust has a California income tax return filing obligation if the trustee or any beneficiary, whose interest is non-contingent, is a California resident.
Here are the steps to setting up a Living Trust in California: Take an inventory of your assets. Select your trustee. Designate your Beneficiaries. Write up your Declaration of Trust. Sign your Trust in front of a Notary Public (optional). Transfer assets and property to the Trust.