What does it mean to decant a trust in California?

 Posted on October 29, 2025 in Trusts

Creating a trust in California is one option for setting the plan for what will happen to your assets after you pass away. Some trusts are irrevocable, which means that they can't technically be changed unless you have the permission of the court or the beneficiaries.

Irrevocable trusts are controlled by a trustee, and that individual may realize that certain changes need to be made. California Probate Code Section 19502 allows a trustee to decant a trust under specific circumstances. This means that the contents of a trust can move into a new trust.

When can a trustee decant a trust?

One of the primary factors is the power the trustee has over the trust. In order to decant a trust, the trustee must have discretionary authority over the principal distributions of the trust. This gives them the flexibility to determine when and how to distribute the funds from the trust.

There should also be a valid reason for decanting the trust. For example, it may be necessary if there are changes in tax laws that require a change in order for the trust to continue to maintain its intended purpose.

Decanting a trust requires proper notification, which gives beneficiaries a warning about what's going to happen. Because decanting a trust is a major decision, but one that's often necessary, it should be handled carefully. It may be beneficial for anyone who's considering this option to adjust a trust while preserving the core purpose to work with someone who understands this process in California.