Estate planning isn’t just about money — it’s about making sure your family is protected and your wishes are honored. In California, probate can be costly and time-consuming, which makes planning ahead especially important.
This guide breaks down the essentials of California trusts and wills in plain language and includes a simple checklist you can use today.
Common Questions About Trusts, Wills, and Probate in California
1. What does “estate planning” mean?
Estate planning is making legal documents—like wills and trusts—that explain how you want your property handled if you become unable to make decisions or after you pass away.
2. What’s the difference between a will and a trust?
- A Will says who gets your stuff when you die, but it must go through probate, the court process that takes time and costs money.
- A Trust holds assets and can be used to avoid probate, stay private, and even manage things if you become unable to.
3. If I have a trust, do I still need a will?
Yes. A “pour-over will” acts like a safety net—any assets not already in your trust get transferred there through probate. It ensures nothing important is missed.
4. What happens if I don’t make a will or trust?
Without estate planning documents, California law—and courts—decide who gets your property. This may not match what you would have wanted.
5. Why avoid probate? Isn’t a will enough?
Probate is slow, public, and can cost a lot. A properly funded trust avoids this process—saving both time and money, and keeping things private.
6. Am I too young to plan my estate?
Not at all. After turning 18, you can benefit from having documents like a power of attorney (someone to handle your finances if you’re incapacitated) and a healthcare directive (who makes decisions if you can’t).
7. Can anyone create a trust easily with an online form?
Some do, but that can go wrong. If you don’t transfer the property into the trust (known as “funding” it), then it won’t avoid probate. Mistakes here can undermine your whole plan.
8. How often should I update my estate plan?
Every 3–5 years is a good rule, or sooner if major things happen (marriage, having kids, big financial changes).
9. What should I do if I don’t know where a family member left their will?
Wills are filed with the County Probate Court in the county where the person lived. You can request a copy there.
From a financial professional’s note::
❓ What’s the difference between a will and a trust in California?
- Will: Explains how your property will be distributed after death. Wills must go through California Probate Court.
- Trust: Lets a trustee manage assets for your beneficiaries. Trusts often avoid probate, remain private, and take effect during your lifetime.
💡 Think of a will as instructions. A trust is the tool that actually manages and protects your assets.
❓ Why a Living Trust is Smart for Californians
California probate fees are based on the gross estate value, which means even if you have debt, your estate could face high costs.
A living trust helps you:
✅ Avoid probate court
✅ Save on legal fees
✅ Keep your estate private
✅ Plan for incapacity
📖 Official reference: State Bar of California – Estate Planning Basics
❓ What happens if you die without a will in California?
Without a will, California’s intestacy laws decide who inherits.
- Married with children → spouse and children split assets
- Single with children → all goes to children
- No children → parents, then siblings inherit
⚠️ The state decides — not you.
📖 See official rules: California Probate Code – Intestate Succession
❓ Are handwritten wills valid in California?
Yes, they are called holographic wills, but they must be:
- Fully handwritten
- Signed
- Clearly intended as a will
⚠️ They are often disputed in court. A formal will is safer.
❓ Must-have clauses for California wills and trusts
- Guardian for minor children
- Residuary clause (covers assets not listed)
- No-contest clause (discourages challenges)
- Incapacity clause (appoints a decision-maker)
- Spendthrift clause (protects beneficiaries from creditors)
❓ Do trusts reduce estate taxes in California?
- Living (revocable) trusts → Do not reduce estate taxes (mainly for probate avoidance).
- Irrevocable trusts → Can reduce federal estate taxes, but you give up some control.
- 💡 California has no state estate tax. The federal estate tax exemption is $13.61M per person in 2024.
📖 Reference: IRS Estate & Gift Tax Information
❓ How often should I update my estate plan?
Review every 3–5 years or sooner if you:
- Tax laws change
- Marry, divorce, or have kids
- Buy or sell property
- Start or sell a business
❓ Common estate planning mistakes in California
- 🚫 Forgetting to fund the trust
- 🚫 Relying only on online templates
- 🚫 Not updating beneficiaries (life insurance, retirement accounts)
- 🚫 Choosing the wrong trustee or guardian
- 🚫 Ignoring incapacity planning
🚀 Final Thoughts
In California, the most common estate plan is a living trust plus a pour-over will. This combination avoids probate, protects privacy, and ensures your wishes are followed.
👉 Estate planning is not just about saving money — it’s about peace of mind for you and your loved ones.
📌 For more guidance, visit the official California Courts Probate Self-Help Center.
📞 Ready to Secure Your Legacy?
Estate planning is one of the most important steps you can take to protect your family’s future. Don’t leave your assets to chance or to California’s probate courts.
👉 Contact a licensed financial professional today to create your customized trust and will plan.
- ✅ Avoid costly probate
- ✅ Protect your family’s privacy
- ✅ Ensure your wishes are carried out
📅 Schedule your free consultation now: [Consult a trusted financial planner]
📞 Take the next step: Connect with a financial advisor near you and start planning smarter for your legacy,
