Estate Planning · Living Trusts · Irvine, Orange County
Estate Planning Attorney in Irvine, California
Living trusts, wills, and the trust transfer deed that puts your Irvine home where it belongs — prepared by an Orange County attorney who has been practicing in California since 2006. You'll know your exact cost before we begin. No billing surprises.
We Can Help You With:
- Revocable living trusts
- Wills and pour-over wills
- Trust transfer deeds for your home
- Durable powers of attorney
- Advance health care directives
- Trust amendments and restatements
Published by Kurt D. Elkins, Attorney at Law · Last updated September 2026
Proudly Serving Irvine and all of Orange County
4.9-Star Google · 5-Star Yelp & Avvo Rated
Practicing Since 2006 — 20+ years in practice, California Bar #241562.
Know Your Cost Up Front — you'll know your exact cost before we begin. No billing surprises.
Talk to the Attorney Directly — you speak with Kurt, not an intake service.
Estate Planning for Irvine Homeowners and Families
Irvine is a master-planned city, and that shows up in estate planning in a very practical way. A large share of Irvine homes sit inside planned communities with recorded CC&Rs and an HOA, and those obligations run with title to the property. When your house moves into a living trust, the trust becomes the owner of record — so the deed has to be prepared and recorded correctly, or the plan has a hole in it exactly where the biggest asset is.
Kurt D. Elkins has practiced law in California since 2006 (California Bar #241562) and focuses on estate planning and real estate law. That combination is the reason an Irvine estate plan and the deed that funds it come from the same desk rather than two offices.
Why an Irvine Home Usually Forces the Trust Decision
California's simplified small-estate procedures stop at $208,850 in gross value (Probate Code §13100). Real property held in your own name, rather than in a trust, is the single thing that most often pushes an estate past that line and into full probate. Once there, attorney and executor compensation is set by statute (Probate Code §10810) and calculated on the gross value of the estate — the mortgage does not reduce it. The process is also public and slow.
A revocable living trust is what a trust attorney in Irvine uses to sidestep all of that: your successor trustee administers the trust privately, on your instructions, without a courtroom or a hearing calendar.
Where an Irvine Estate Actually Ends Up
Irvine has no probate court of its own. Every probate matter in the county is heard by the Orange County Superior Court, Probate Division, at the Central Justice Center, 700 Civic Center Drive West, Santa Ana, CA 92701. So the practical consequence of an unfunded plan is not abstract: your family drives to Santa Ana and waits on that court's calendar.
To be clear about scope: Kurt does not accept probate, trust administration, trustee, or beneficiary-dispute matters. Probate is described here because it is the thing a properly funded trust is designed to avoid. If you want the mechanics, the guide to how probate works in Orange County walks through it.
Deeds, Property Taxes, and Prop 19
The deed is where Irvine estate plans most often come apart. Deeds for Irvine property record with the Orange County Clerk-Recorder, and a trust that never takes title simply does not protect the house. Kurt prepares the trust transfer deed and handles the recording as part of the plan.
Moving your own home into your own revocable living trust is generally not treated as a change in ownership for property tax purposes, because you keep the beneficial interest. What did change is Proposition 19, which rewrote the rules for parent-to-child transfers. Plans drafted before 2021 were often built around the older rules, so if you intended your children to keep the Irvine house, that part of an older trust is worth revisiting — alongside your assessment record at the Orange County Assessor.
Official Resources for Irvine Residents
- OC Superior Court — Probate Division
The Santa Ana venue that hears every Orange County probate matter, with forms and calendars.
- OC Clerk-Recorder
Where a trust transfer deed for an Irvine property is officially recorded.
- CA Board of Equalization — Prop 19
The state's own explanation of the parent-to-child transfer rules.
- OC Assessor
Assessed values, exclusion claim forms, and property records for Irvine.
How an Irvine Estate Plan Comes Together
Start With a Free 15-Minute Conversation
Tell Kurt what you own and who you are trying to protect. He'll tell you plainly whether you need a trust, a will, or nothing yet — and if it isn't work he handles, he'll point you toward someone who does. You'll know your exact cost before any work begins.
Your Irvine Home, Actually Titled to the Trust
A trust that never takes title to the house does not keep the house out of probate. Because Kurt also practices real estate law, the trust transfer deed and the recording with the Orange County Clerk-Recorder are handled in-house — not handed back to you as homework.
How a house moves into a trust
A Plan Built Around Your Family
Guardians for minor children, a successor trustee you actually trust, staged distributions for young adults, and provisions that fit a blended family. The documents follow the decisions — not the other way round.
Signing and Funding — the Step Most Plans Miss
Documents are executed properly, the deed is recorded, and you leave with clear guidance on retitling accounts and updating beneficiary designations. An unfunded trust is the most common reason a plan fails when it is finally needed.
Wills and trusts in Orange CountySave Kurt's Contact Card
Phone, email, and the Orange office address in one tap — so the number is already in your phone when you're ready to talk about your Irvine estate plan.
Frequently Asked Questions
Do I need a living trust if I own a home in Irvine?
For most Irvine homeowners, yes. California's simplified small-estate procedures stop at $208,850 in gross value under Probate Code section 13100, and real property held in your own name rather than in a trust is what most often pushes an estate past that line into full probate. A properly drafted and funded revocable living trust keeps the house out of that process, and the plan stays private.
Where would an Irvine estate be handled if there is no trust?
Irvine has no probate court of its own. Every Orange County probate matter is heard by the Superior Court, Probate Division, at the Central Justice Center, 700 Civic Center Drive West, Santa Ana, CA 92701. That is the destination a funded living trust is built to avoid. Kurt does not accept probate, trust administration, trustee, or beneficiary-dispute matters — his work is the plan that keeps a family out of that process to begin with.
My Irvine home is in a planned community with an HOA. Does that change anything?
Irvine is a master-planned city, so a large share of its homes sit inside planned communities with recorded CC&Rs and an HOA. Those obligations run with title to the property, so they follow the home into your trust — the trust becomes the owner and the member. What matters is that the trust transfer deed is prepared and recorded correctly with the Orange County Clerk-Recorder. Kurt prepares that deed as part of the plan rather than leaving it to you.
Will moving my Irvine home into a living trust reassess my property taxes?
Transferring your own home into your own revocable living trust is generally not treated as a change in ownership for property tax purposes, because you keep the beneficial interest. Proposition 19 did change the rules for parent-to-child transfers, and trusts written before 2021 were often drafted around the older rules. If you intend your children to keep the property, that part of an older plan is worth revisiting.
What does an estate plan cost?
It depends on your family and your property, and you'll know your exact cost before we begin. No billing surprises. The 15-minute consultation is free, and it includes an honest answer about whether you need a lawyer at all.
Where is your office, and do you work with Irvine clients?
The office is at 2914 E Katella Ave, Ste 103, Orange, CA 92867, a short drive up the county from Irvine, and Kurt serves clients throughout Orange County. Start with a call to (714) 202-5552 — you talk to Kurt directly, not an intake service.
A Free 15-Minute Consultation — and an Honest Answer About Whether You Need a Lawyer at All
When you call, you talk to Kurt — not an intake service. He'll tell you plainly whether your situation needs an attorney, and if it isn't work he handles, he'll point you toward someone who does. If we do work together, you'll know your exact cost before we begin. No billing surprises.
“Although he was unable to handle my matter, he took time out of his day to educate me on the law and refer me to another attorney.”
“After contacting other attorneys charging very expensive rates, he offered to review the trust and answer my questions for no charge.”
Talk to an Irvine Estate Planning Attorney
Book your free 15-minute consultation. You'll get a straight answer about what your family needs — and you'll know your exact cost before we begin.