Put Your Car In Your Living Trust?

The short answer is that for most people, no, placing a car into a revocable living trust is unnecessary and creates more hassle than benefit. However, there are limited situations where it may make sense.

Understanding how vehicles are treated under California law can help you avoid unnecessary paperwork, delays, and frustration while still ensuring your estate plan works as intended.

How a Living Trust Normally Works

A revocable living trust is a legal entity designed to hold assets such as real estate, bank accounts, and investments so they can transfer to beneficiaries without probate. When assets are properly titled in the trust, the court process is avoided entirely.

If you are unfamiliar with how trusts function, this guide may help:
https://ocestateplanlawyer.com/living-trust-secure-your-legacy/

Not every asset needs to be placed into a trust, and vehicles are a prime example.

Do Cars Have to Go Through Probate in California?

In most cases, no.

California law provides simplified procedures for transferring vehicles after death. Cars do not typically require a full probate proceeding, whether or not you have a will or trust.

The transfer is handled through the California Department of Motor Vehicles, not the probate court.

This is a key reason why placing a car into a living trust usually provides no additional benefit.

Why Most Estate Planning Lawyers Do Not Recommend Putting Cars in a Trust

1. Vehicles Already Avoid Probate

California allows vehicle ownership to transfer through DMV procedures using affidavits and supporting documents. The successor trustee or executor can typically handle this quickly.

Because probate is already avoided, placing the car into a trust does not improve the outcome.

2. DMV Paperwork Is Time-Consuming

To place a car into a trust, the title must be formally transferred through the DMV. This often requires:

• Physical DMV visits
• Additional forms
• Delays and processing time

Most families prefer not to spend time dealing with DMV title changes for vehicles they may replace every few years anyway.

3. Most Cars Will Not Be Owned at Death

Cars are frequently sold, traded in, or replaced. It is uncommon for someone to still own the same vehicle many years later when their estate plan takes effect.

Retitling a car into a trust today does not guarantee it will still be relevant when needed.

When Putting a Car Into a Living Trust May Make Sense

While most cars should stay out of a trust, there are exceptions.

High-Value or Collector Vehicles

If you own a:

• Classic car
• Vintage vehicle
• Exotic or collector automobile

and you know it will remain in the family long term, placing it into a trust may help simplify future transfers.

Vehicles With Specific Distribution Instructions

If you want a particular vehicle to go to a specific beneficiary and avoid any disputes, a trust can provide clarity, especially if the car has substantial value.

How Vehicle Transfers Work After Death Without a Trust

When a car is not in a trust, the transfer typically involves:

• A death certificate
• DMV transfer forms
• Executor or successor trustee authority

This process is far simpler than probate and usually completed without court involvement.

For families concerned about probate more broadly, this resource may help:
https://ocestateplanlawyer.com/california-probate-costs/

Cars vs Real Estate in Estate Planning

Cars and homes are treated very differently under California law.

• Real estate almost always requires probate unless held in a trust
• Vehicles often do not

That is why estate plans typically focus on properly transferring homes and major financial accounts into a trust rather than vehicles.

Related reading:
https://ocestateplanlawyer.com/add-your-home-to-a-iving-trust-without-refinancing/

Common Mistakes to Avoid

• Assuming every asset must be in the trust
• Spending time and money retitling vehicles unnecessarily
• Forgetting to focus on higher-risk assets like real estate

A well-designed estate plan prioritizes efficiency, not paperwork.

If you are unsure which assets belong in a trust, this overview may help:
https://ocestateplanlawyer.com/what-does-a-complete-estate-plan-include/

Key Takeaways

• Most cars do not need to be placed into a living trust in California
• Vehicles typically avoid probate through DMV procedures
• Retitling a car into a trust often creates unnecessary hassle
• High-value or collector vehicles may be an exception
• Estate planning should focus on homes, accounts, and beneficiaries

Frequently Asked Questions

Does a car go through probate in California?

Usually no. California provides simplified vehicle transfer procedures through the DMV.

Should I put all my assets into my trust?

No. Only assets that benefit from probate avoidance or structured control should be included.

Can a successor trustee transfer a car?

Yes. The trustee or executor can typically handle the transfer directly with the DMV.

What assets should always go into a trust?

Homes, rental properties, and major financial accounts are the most important assets to fund into a trust.

Final Thoughts

Estate planning is not about placing everything you own into a trust. It is about using the right tools for the right assets.

For most California families, putting a car into a living trust adds work without adding value. Focusing on real estate, financial accounts, and beneficiary designations will provide far more protection for your loved ones.

If you want to review your estate plan or confirm that your trust is properly funded, help is available.

Schedule your free 30-minute Strategy Session today or call (949) 377-2996 with Michael Pevney, your trusted Orange County estate planning attorney.