Hawthorne, CA asked in Estate Planning for California

Q: Can you transfer your trust from California to another state jurisdiction without a court order

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2 Lawyer Answers
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Unless a Court created the Trust then you are free to do what you want with it.

But there is no reason to "transfer" a trust. Except for self-settled irrevocable trusts, they are all pretty much the same and the states will recognize the other.

I am not even sure how you would transfer one, except to amend it to change what law is governed by it.

Nina Whitehurst agrees with this answer

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: You actually are asking three distinct questions here.

You can amend your trust to change the governing law of the trust. This affects the substantive law governing the interpretation of the trust itself.

You can change the principal place of business for the trust by either moving to another state or finding another trustee who is resident in another state. This affects some of the procedural requirements affecting the administration of the trust, including trust income taxation and access to the local court system, and rights of beneficiaries for the redress of grievances, and the duties and liabilities of the trustee.

Or perhaps you’re asking whether your trust is still valid if you move to another state. The answer to that simple question is yes.

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