Estate planning isn’t really about paperwork. It’s about protecting the people you care about and making sure your wishes are carried out. In California, the two most common tools for this are wills and trusts. They each serve a different role, and depending on your situation, one may work better than the other. For many, using both is the most complete option.
Let’s clear up the basics, without all the confusing language.
The Last Will and Testament: Your Basic Instructions
A will is a document that only becomes active after you pass. It’s used to:
- Decide who gets what
- Appoint someone (called an executor) to manage things
- Name guardians for your children, if needed
- Share preferences for final arrangements
But in California, there’s a catch. A will has to go through probate, which is a court process. That means delays, costs, and everything becoming public.
The Revocable Living Trust: A Smoother Option
A trust works right away once it’s created and funded. You stay in charge as trustee during your lifetime, and if something happens to you, the person you name takes over without court involvement.
Here’s why people often choose trusts:
- No Probate: Assets held in the trust avoid court involvement
- Keeps Things Moving: If you become unable to manage things, your chosen trustee steps in
- More Flexibility: You can control who receives what, and when, even after you’re gone
If you own property or have a more involved estate, a trust can help avoid delays and save your loved ones a lot of stress.
Will vs. Trust in California
| Feature | Last Will | Revocable Living Trust |
| Becomes Effective? | After death | As soon as it’s funded |
| Probate? | Required | Not required |
| Privacy? | Public record | Stays private |
| Incapacity Plan? | No | Yes |
| Names Guardians? | Yes | No |
| Cost to Set Up? | Lower | Higher |
| Easy to Challenge? | More likely | Less likely |
Why Probate in California Can Be a Big Deal
Probate in California often moves slowly and costs more than most people expect. The fees for attorneys and executors are set by law and based on the total value of your estate, not what’s left after debts.
📌 Example: If your home is valued at $1,000,000, the combined court-approved fees could be $46,000. That’s before adding court filing costs and delays. California Court Source
And probate can take a year or more, often with assets tied up during that time.
Which One Fits Your Needs?
A Will Might Work If You:
- Want to name guardians for your children
- Own little or no real estate
- Prefer a simpler, lower-cost option upfront
A Trust May Be Better If You:
- Own real estate or have a higher-value estate
- Want to avoid court delays and extra fees
- Prefer to keep your plan and finances private
- Want to plan ahead in case you become unable to manage your affairs
- Have a blended family or property in different states
Why Many People Use Both
Here’s something most folks don’t know: the best plan often includes both a trust and a special kind of will. The trust handles your major assets. The will, called a pour-over will, acts as a backup. It makes sure anything left out of the trust ends up there. It’s also how you name guardians for your children.
Using both gives you peace of mind, keeps things private, and helps avoid delays for the people you care about.
Let’s Talk About Your Plan
Let’s Talk About Your Plan
If you’re ready to put a plan in place or want a second look at what you already have, we’re here to help. Call us at 213-745-8747 in Los Angeles or 909-415-0540 in Inland Empire to set up a consultation.
We keep it clear, personal, and focused on what matters most: your family.