Estate Planning in California

Estate planning is the process of creating legal documents that determine how your assets will be managed if you become incapacitated and how they will be distributed after your passing.

A complete estate plan usually includes:

📜 Revocable Living Trust
📝 Pour-Over Will
💳 Durable Financial Power of Attorney
❤️ Advance Health Care Directive
🔐 HIPAA Authorization
📄 Certificate of Trust
📦 Personal Property Memorandum
📑 General Assignment

Without an estate plan, California law decides what happens to your property through probate court. Probate can mean:

⏳ Delays of 12–26 months before your family receives anything

💰 Costs that can exceed $40,000 for an average estate of $800,000

🔓 Public records, exposing your family’s private matters

😔 Stress and conflict among loved ones during an already difficult time

A proper estate plan allows you to:
✅ Avoid probate
✅ Reduce costs
✅ Keep matters private
✅ Provide peace of mind to your family

What is a Revocable Living Trust?

A Revocable Living Trust lets you transfer assets (like your home, bank accounts, or investments) into a trust while keeping control during your lifetime. Upon death, assets pass directly to your beneficiaries without probate — saving time, costs, and maintaining privacy.

What is an Advance Health Care Directive?

This document allows you to outline your medical wishes and appoint someone you trust to make health care decisions on your behalf if you cannot. It gives clarity and peace of mind to your loved ones and doctors.

What is a Power of Attorney?

A Power of Attorney authorizes someone you trust to handle financial or legal matters if you become incapacitated. This could include paying bills, managing bank accounts, or signing documents. Without it, your family may need to go to court for permission.

Is a Will Enough?

In California, a Will alone usually does not avoid probate. Even with a Will, your estate may still need to go through probate court — meaning added costs, delays, and stress. A Revocable Living Trust is the best way to avoid probate

Estate planning isn’t just for the wealthy. You may need an estate plan if you:

• Own a home or real estate in California

• Have children or dependents

• Want to decide who inherits your property

• Want to designate someone you trust to manage finances or health decisions if you cannot

• Want to make life easier for your loved ones

If you pass away without an estate plan, California law controls who receives your property. This often means:

• Assets going to heirs you might not have chosen

• Long delays and higher legal costs

• Public court proceedings

• No one clearly authorized to make decisions if you’re incapacitated

• Increased likelihood of family conflict

Life happens — marriages, divorces, children, or property purchases all affect your estate plan. The good news: a Revocable Living Trust and related documents can be updated anytime to reflect your wishes. Estate planning is a living process, not a one-time event.

Creating a Revocable Living Trust is only the first step. To actually avoid probate, your trust must be funded — meaning your assets are legally transferred into the trust.

Funding typically involves:

• Updating real estate deeds so property is owned by the trust

• Changing bank and investment accounts to the trust’s name

• Assigning personal property to the trust

• Ensuring beneficiary designations align with your overall plan

⚠️ If a trust is not properly funded, your estate may still go through probate, even if the documents are in place.

An attorney does more than prepare documents — they ensure your plan will actually work when your family needs it.

• Proper Trust Funding – Attorneys guide you through transferring real estate, accounts, and property into your trust. DIY plans often fail here, leaving families stuck in probate.

• Avoiding Costly Mistakes – California law has strict requirements for deeds, powers of attorney, and health care directives. Errors in wording or execution can make documents invalid.

• Coordinated Planning – An attorney ensures your trust, will, and beneficiary designations work together, not against each other.

• Ongoing Guidance – As your life changes, an attorney can update your plan so it remains effective.

Bottom line: A trust is only as strong as its funding. Hiring an attorney ensures your plan is legally sound, properly funded, and truly protects your family.

Estate planning is an investment in peace of mind, and it’s often much more affordable than people think. Compared to the tens of thousands of dollars that probate can cost (see below for a detailed cost comparison), creating an estate plan is a small price to pay to protect your family.

We offer a variety of options to meet different needs:

• Digital Estate Planning Packages – starting at $1,750.
  Ideal for individuals or families with straightforward estates. Learn more here: 13:22 Digital Estate Plan.
  📌 Schedule your appointment today to see if you qualify.

• Customized Estate Plans – for families with more complex needs, such as blended families, business ownership, or special tax planning. These plans are tailored to your situation.
  📌 Schedule a consultation with an attorney to discuss your options.

No matter which plan is right for you, you’ll gain:

• Confidence that your loved ones are protected

• Peace of mind knowing your wishes are honored

• Significant savings compared to probate