Whether you're meeting with an attorney or working with a California Licensed Document Assistant like HomeTrust, the preparer needs the same core information to build an accurate plan. According to the American College of Trust and Estate Counsel (ACTEC), completing a family and financial questionnaire before your meeting makes the entire process more efficient.
This guide breaks down exactly what to bring: personal and family details, financial information, existing documents, and your goals for the plan.
Key Takeaways
- Bring family details, a full asset list, liabilities, and existing estate documents to your first meeting
- Define your goals (probate avoidance, privacy, family protection) so your preparer can recommend the right plan
- HomeTrust's flat-rate living trust package, starting at $409 / settlor plus recording and notary fees per Settlor, includes guidance on what to bring and how to fund your trust after signing
Family and Personal Information to Bring
Start with the basics: full legal names, dates of birth, and contact information for yourself, your spouse or partner, and any children or stepchildren.
If you've had a prior marriage, bring that information too. Former spouses can affect how assets are distributed, especially when community property is involved.
You'll also need names and contact details for anyone you're considering for these roles:
- Successor trustee – manages trust assets if you can't
- Executor – carries out your will's instructions
- Power of attorney agent – handles finances if you're incapacitated
- Guardian – cares for minor children
Why Title and Community Property Matter
California Family Code section 760 generally treats property acquired during marriage while domiciled in California as community property, subject to certain exceptions. How you and your spouse hold title affects how assets should be characterized in your trust, so bring deeds, account statements, and any separate-property agreements.
Bring extra detail if either of these applies:
- Children from a prior relationship — who should inherit, when, and under what conditions (for example, staggered distributions at certain ages)
- A beneficiary on SSI or Medi-Cal — an outright inheritance can jeopardize benefits; a Special Needs Trust may protect eligibility
Special Needs Trust planning typically requires an estate planning attorney rather than a document preparation service.
Your Asset and Financial Information
An accurate asset list is the foundation of a properly funded trust. Without it, your preparer can't determine which assets need to be retitled to avoid probate.
Real estate is often the most important piece. Bring:
- Your home address and current deed
- How title is held
- Outstanding mortgage balance
California trust funding requires actual deed preparation, so this paperwork is central to the process. Real property must transfer through a recorded Grant Deed (or an Interspousal Transfer Deed for married couples). Separate deeds are needed for each parcel you own.
Accounts and other assets matter too, though exact figures aren't critical at this stage:
- Bank and investment account information, including how each account is titled
- Retirement accounts (approximate balances, not exact numbers)
- Life insurance policies with current beneficiary designations
- Business ownership interests and entity type
- Valuable personal property like vehicles, jewelry, or collectibles
- Digital assets, including cryptocurrency
Retirement accounts like 401(k)s and IRAs generally stay in your name with updated beneficiary designations rather than being retitled into the trust directly. Moving them incorrectly can trigger unexpected tax consequences.
Liabilities and Existing Estate Planning Documents
Bring a list of outstanding debts, including mortgage balances, car loans, credit card debt, and any business liabilities. This gives your preparer a complete financial picture, not just the asset side.
Just as important: bring every existing estate document, even outdated ones:
- Prior wills, trusts, or amendments
- Powers of attorney and advance healthcare directives
- Prior property deeds or transfer-on-death designations already on file
- Existing beneficiary designations on retirement accounts and life insurance policies
ACTEC specifically recommends reviewing existing documents and beneficiary designations before drafting new ones. That review prevents conflicting instructions between old and new planning documents.
Outdated beneficiary designations on retirement accounts or life insurance are a common gap. A new trust does not automatically override them, so bring those forms and plan to update them alongside your new documents.
Your Goals for the Estate Plan
Beyond the paperwork, bring a short list of what you want the plan to accomplish. Your preparer can only recommend the right structure if your priorities are clear. Common goals include:
- Avoiding probate entirely
- Keeping the estate private (probate is a public court process)
- Minimizing potential family conflict
- Controlling how and when beneficiaries receive their inheritance
- Directing charitable gifts or handling unique assets
California Courts notes that formal probate typically takes 9 to 18 months and can take longer, with administration costs often well over $1,000. A written priority list helps your preparer match tools—such as a funded living trust—to those goals from day one instead of reworking the plan later.
Where HomeTrust Fits Into Your Preparation
Once you've gathered the information above, HomeTrust's flat-rate living trust package, starting at $409 / settlor plus recording and notary fees per Settlor, is ready to use it. The package includes a revocable living trust, pour-over will, durable power of attorney, and advance healthcare directive.
Documents are typically prepared within 1–3 business days after your consultation.
The package also includes:
- A Certificate of Trust
- A Grant Deed for your primary residence
- PCOR (BOE-502-A) and Prop 19 exclusion form
- Step-by-step funding guidance for transferring your home and accounts
That 1–3 day window covers document preparation only, not full funding. After signing, you still need to notarize documents, record the deed, and retitle accounts. Those steps can take additional weeks depending on your financial institutions.
Common Mistakes to Avoid Before Your Meeting
A few avoidable missteps can slow everything down:
- Arriving without a clear asset list. This delays accurate drafting since your preparer can't determine what needs to move into the trust.
- Forgetting existing deeds. These are essential for retitling California property into your trust; without them, the process stalls.
- Not deciding on a successor trustee or guardian in advance. These decisions often take longer than expected when made on the spot during a meeting.
Taking even 30 minutes beforehand to jot down names, account types, and rough values saves real back-and-forth later.
Frequently Asked Questions
What are the four must-have documents?
A complete estate plan typically includes a revocable living trust, a pour-over will, a durable power of attorney, and an advance healthcare directive. Together, these cover asset transfer, financial decisions, and healthcare wishes.
What assets should I include on my asset list for estate planning?
Include real estate, bank and investment accounts, retirement accounts, life insurance, business interests, and valuable personal property. Include digital assets like cryptocurrency as well.
What are the 7 steps in the estate planning process?
The usual path is: gather information, set goals, draft and sign documents, fund the trust, review beneficiaries, and update over time. Skipping funding is the most common reason trusts still go through probate.
How long does it take to prepare a living trust in California?
Document preparation services like HomeTrust can complete a full trust package in 1–3 business days once information is provided. Attorney timelines often run 2–6 weeks by comparison.
Do I need exact account numbers and balances for my first meeting?
No. Approximate values and how assets are titled matter more than exact figures at this stage. You can refine specifics later during the funding process.
What happens after my estate planning documents are signed?
Trust funding comes next: transferring deeds and retitling accounts into the trust's name. This step is what actually helps you avoid probate, since an unfunded trust offers no protection.