Living Trust Property

Trusts aren't public record, so they're not usually recorded anywhere. Instead, the trust attorney determines who is entitled to receive a copy of the document, even if state law doesn't require it.

Anyone can look up a particular parcel of real estate in the local land records office (often called the county recorder or registry of deeds, depending on where you live) and find out who owns it. (Often, other information is also available, such as the amount of property taxes paid each year.)

If you still can't find the trust agreement, you may have to petition the court to get formally appointed as personal representative, and this would require the assistance of a knowledgeable trust or probate attorney.So, you can't just go to the local probate court and obtain a copy of a trust agreement.

The trustee is the person who owns the assets in the trust. They have the same powers a person would have to buy, sell and invest their own property. It's the trustees' job to run the trust and manage the trust property responsibly.

What happens if you have lost your Trust?If a Trust is lost, and the decedent has assets titled in the name of the Trust, the court will require that the heirs/Successor Trustees spend a significant amount of time and money searching for the Trust and documenting the search process.

If you can't find original living trust documents, you can contact the California Bar Association for assistance. Trusts aren't recorded anywhere, so you can't go to the County Recorder's office in the courthouse to ask to see a copy of the trust.

Legally your Trust now owns all of your assets, but you manage all of the assets as the Trustee. This is the essential step that allows you to avoid Probate Court because there is nothing for the courts to control when you die or become incapacitated.