California Estate Planning FAQs:
Wills, Trusts, and Probate
Wills in California
Do I need a Will in California?
Yes. A Will ensures your assets are distributed according to your wishes. Without one, California's intestacy laws (Probate Code §6400) determine who inherits your property—often not how you'd intend.
What makes a Will valid in California?
A Will must be:
- In writing
- Signed by you (the testator)
- Witnessed by two people who are present at the same time (Probate Code
§6110)
California also recognizes holographic Wills (handwritten) if the material portions are in your handwriting and signed.
Can I update my Will?
Yes. You can update your Will by creating a codicil (amendment) or drafting a new Will. Make sure changes follow the same legal requirements to be valid.
Can I disinherit someone in California?
Yes, but with caution. Spouses and minor children have certain rights. You must clearly state your intention in the Will. Omitted spouses or children may still inherit under Probate Code §§21610-21623, unless expressly excluded.
Trusts in California
What is a Living Trust and why is it popular in California?
A Revocable Living Trust lets you control your assets during your life and transfer them directly to beneficiaries after death—without probate. In California, probate can be expensive and time-consuming, so many people use Trusts to avoid it.
Do I still need a Will if I have a Trust?
Yes, you should have a “pour-over Will” to catch any assets not titled in the Trust’s name. This ensures everything ends up in the Trust as intended.
Does a Trust avoid estate taxes in California?
California doesn’t have a state estate tax, but federal estate taxes apply to large estates (over $13.61 million in 2024). Advanced Trust planning can help reduce or eliminate federal estate tax.
What happens if I don’t fund my Trust?
An unfunded Trust is useless. You must transfer ownership of your assets—like your home or accounts—into the Trust. If you don’t, those assets may still go through probate.
Probate in California
What is Probate in California?
Probate is a court-supervised process to settle a person’s estate: validate their Will (if any), pay debts, and distribute assets. It applies when someone dies with over $184,500 in assets not held in a Trust or designated with beneficiaries (Probate Code §13100).
How long does Probate take in California?
On average, 9–18 months, depending on the complexity and court backlog. Disputes, creditor claims, or missing documents can cause delays.
How much does Probate cost in California?
Probate fees are based on the gross value of the estate, not the net. Statutory attorney and executor fees can be substantial:
4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
(and so on—see Probate Code §10810)
Can Probate be avoided in California?
Yes. Using a Living Trust, joint ownership, pay-on-death accounts, and beneficiary designations are common strategies to avoid probate.
Other Common Questions
What is a Living Trust and why is it popular in California?
An executor (or administrator if there’s no Will) is responsible for managing the estate: collecting assets, paying debts, filing taxes, and distributing property. They are appointed by the court and must act in the estate’s best interest.
Can someone contest a Will or Trust in California?
Yes. A Will or Trust can be challenged on grounds like undue influence, fraud, or lack of mental capacity. These contests are handled in probate court and can delay the process significantly.
Do I need an attorney to handle probate or create a Trust in California?
Not necessarily. While attorneys are required for courtroom representation, many aspects of probate and trust creation can be handled by an experienced estate planning legal specialist.
I assist clients through the entire probate process—from petition preparation to distribution—ensuring all filings are accurate, complete, and court-ready. I also create Revocable Living Trusts and guide clients through Trust administration, helping them avoid probate and manage assets efficiently.
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