Do You Need a Living Trust in California?

If you own property in California, the answer is almost certainly yes. California's probate process is one of the most expensive and time-consuming in the country. A living trust lets your family avoid it entirely.

What Is Probate and Why Avoid It?

Probate is the court-supervised process of distributing a deceased person's assets. In California, probate typically takes 12 to 18 months and can cost 4-7% of the estate's value in attorney and executor fees. For a $500,000 estate, that's $20,000-$35,000 in fees alone. A living trust avoids this entirely.

How a Living Trust Works

A revocable living trust is a legal document that holds your assets during your lifetime and transfers them to your beneficiaries after you pass — without going through probate court. You remain in full control of your assets while you're alive. You can modify or revoke the trust at any time.

Who Needs a Living Trust?

A living trust is especially important if you:

• Own real estate in California (even just your home)
• Have assets totaling more than $184,500 (California's probate threshold)
• Have minor children who need guardianship provisions
• Want to keep your estate private (probate is public record)
• Own property in multiple states
• Want to plan for potential incapacity

Living Trust vs. Will: The Key Differences

A will only takes effect after death and must go through probate. A living trust takes effect immediately, avoids probate, remains private, and can also protect you during incapacity. For most California families, a living trust is the better choice — though a will is still important as a backup (called a “pour-over will”).

What's Included in a Complete Estate Plan?

• Revocable living trust
• Pour-over will
• Durable power of attorney (financial)
• Advance healthcare directive
• HIPAA authorization
• Trust funding guidance (transferring assets into the trust)