Living Trust vs. Will in California: Which Is Right for Your Family?
If you own a home in California, you've probably heard conflicting advice about estate planning. Your neighbor swears by their living trust. Your colleague says a simple will is enough. A family member warns you about probate nightmares. So which is actually right for your family?
As a Glendale estate planning attorney who has both prepared hundreds of estate plans and represented families through California's probate process, I can tell you the answer depends entirely on your specific situation. While living trusts benefit most California homeowners, they're not necessary for everyone—and understanding the difference is critical.
In this comprehensive guide, I'll walk you through everything you need to know about living trusts versus wills in California, including real costs, actual timelines, and how to make the best decision for your family.
Understanding California Wills: The Foundation
A will is a legal document that specifies how you want your property distributed after your death. Under California Probate Code Section 6110, a valid will must be:
- In writing (typed or handwritten)
- Signed by you (or someone at your direction in your presence)
- Witnessed by at least two people who saw you sign it
California also recognizes "holographic wills"—wills entirely handwritten and signed by you without witnesses—but these frequently create interpretation problems and litigation. I've seen families spend tens of thousands resolving ambiguities in handwritten wills that could have been avoided with proper legal drafting.
What a California Will Can Do
In your will, you can:
Distribute Property Specify who receives your assets, including real estate, bank accounts, personal property, and investments.
Appoint an Executor Choose someone to manage your estate, pay debts, and distribute assets according to your instructions.
Nominate Guardians This is crucial for parents of minor children. Your will is where you nominate who will raise your children if you and the other parent cannot.
Make Specific Gifts Leave particular items to specific people—your grandmother's ring to your daughter, your car to your nephew, donations to charities.
Disinherit People You can exclude individuals from inheriting, with limitations (California law protects spouses from complete disinheritance of community property).
What a California Will Cannot Do
Here's what many people don't realize:
Cannot Avoid Probate This is the critical limitation. With rare exceptions, assets passing through a will must go through California's probate court system.
Cannot Control Jointly-Owned Property Property you own in joint tenancy automatically passes to the surviving owner regardless of your will.
Cannot Override Beneficiary Designations Your will doesn't control who receives your life insurance, retirement accounts (IRA, 401k), or payable-on-death accounts—those pass according to beneficiary forms.
Provides No Incapacity Planning A will only takes effect after you die. It doesn't help if you become incapacitated and can't manage your affairs.
Doesn't Remain Private Once your will enters probate, it becomes public record. Anyone can see what you owned and who inherited it.
The California Probate Reality
The biggest issue with relying solely on a will in California is probate. Let me be direct: California has one of the most expensive and time-consuming probate systems in the United States.
What Is Probate?
Probate is the court-supervised process of:
- Validating your will (or determining heirs if you have no will)
- Appointing an executor or administrator
- Notifying creditors and giving them time to file claims
- Inventorying and appraising all assets
- Paying debts, taxes, and expenses
- Distributing remaining assets to beneficiaries
- Closing the estate
Sounds straightforward, right? In reality, it's anything but.
The True Cost of California Probate
California Probate Code Section 10810 sets statutory fees for probate attorneys and executors. These fees are based on the gross value of the estate (before debts), not the net value:
| Estate Value | Attorney Fee | Executor Fee | Total Fees |
|---|---|---|---|
| $100,000 | $4,000 | $4,000 | $8,000 |
| $200,000 | $7,000 | $7,000 | $14,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $2,000,000 | $43,000 | $43,000 | $86,000 |
Important: These are minimum fees. They don't include:
- Court filing fees ($435-$500)
- Publication costs for creditor notices
- Appraisal fees
- Accounting fees
- Additional attorney fees for contested issues
- Extraordinary services (selling real estate, business valuations, tax preparation)
Real-world example: A Glendale client came to me after her father died with only a will and a house valued at $875,000. The probate process ultimately cost $52,000 in fees, took 17 months, and required her to make multiple court appearances. With a properly funded trust, the entire administration could have been completed in 6-8 weeks for approximately $5,000 in legal fees.
The California Probate Timeline
Despite what you may hope, California probate is not quick:
Typical Timeline:
- Months 1-2: File petition, get court date for hearing
- Month 3-4: Attend hearing, executor formally appointed
- Months 4-6: Notify creditors, publish notices
- Months 6-9: Creditor claim period (4 months minimum)
- Months 9-12: Inventory assets, obtain appraisals, pay claims
- Months 12-15: File accounting, petition for final distribution
- Months 15-18: Final hearing, court approval, distributions
Minimum: 9-12 months for simple estates Typical: 12-18 months in Los Angeles County Complex cases: 2-3 years or more
During this time, assets are often frozen. The house can't be sold without court approval. Bank accounts may be inaccessible. Business operations can be disrupted. And all of this happens while your family is grieving.
When California Probate Might Be Acceptable
Despite these issues, there are situations where probate is manageable:
Small Estates (Under $184,500) California allows simplified procedures for estates under $184,500. Your heirs can use a simple affidavit to claim assets without formal probate.
Very Simple Estates If you have minimal assets, no real estate, and cooperative heirs, probate may be straightforward enough that the time and cost are acceptable.
Most Assets Have Beneficiaries If substantially all your assets pass through beneficiary designations (retirement accounts, life insurance, payable-on-death accounts), there may be little left to probate.
Understanding Living Trusts in California
A revocable living trust is a legal entity you create during your lifetime to hold and manage your assets. Here's how it works:
The Living Trust Structure
You Are Three People:
- Grantor/Settlor - You create the trust
- Trustee - You manage the trust assets (initially yourself)
- Beneficiary - You benefit from the trust during your lifetime
After Your Death:
- Your successor trustee steps in
- They follow your trust instructions
- Assets are distributed to your named beneficiaries
- No court involvement required
How Living Trusts Avoid Probate
The key is asset ownership. When you properly fund your living trust, the trust—not you personally—owns your assets. Since the trust doesn't die (legal entities don't die), there's nothing to probate.
Example:
- Without Trust: You own your house → You die → House goes through probate → 18 months later, heirs receive it
- With Trust: Trust owns your house → You die → Successor trustee distributes house per trust terms → Heirs receive it in 4-6 weeks
Living Trust vs. Will: The Complete Comparison
Let me break down how these two approaches compare across all the factors that matter:
Cost Comparison
Upfront Costs:
| Will Only | Living Trust Package |
|---|---|
| $500-$1,500 | $2,500-$5,000 |
| Simple will | Revocable living trust |
| Power of attorney | Pour-over will |
| Healthcare directive | Power of attorney |
| Healthcare directive |
Total Lifetime + Death Costs:
| Will Approach | Trust Approach |
|---|---|
| Will: $1,000 | Trust Package: $3,500 |
| Probate: $40,000 | Trust Administration: $4,000 |
| Total: $41,000 | Total: $7,500 |
Based on $850,000 estate (typical Glendale home + retirement accounts)
Savings with Trust: $33,500
Time Comparison
Will + Probate:
- Time to create will: 2-4 weeks
- Time to probate: 12-18 months
- Total time to distribute estate: 12-18 months
Living Trust:
- Time to create trust: 3-6 weeks (including funding)
- Time to administer trust: 4-8 weeks
- Total time to distribute estate: 4-8 weeks
Time Saved with Trust: 10-16 months
When You SHOULD Have a Living Trust in California
Based on my experience as both an estate planning attorney and trust litigation attorney in Glendale, I strongly recommend living trusts in these situations:
1. You Own California Real Estate
This is the #1 reason. California probate is particularly expensive and time-consuming for real estate. If you own a home in Glendale, Burbank, Pasadena, or anywhere in California, a trust will save your family significant time, money, and stress.
With median home prices in Los Angeles County exceeding $750,000, most homeowners have estates large enough that probate costs justify the upfront trust investment many times over.
2. Your Estate Exceeds $500,000
While California's small estate threshold is $184,500, I generally recommend trusts for estates over $500,000. At this value, probate costs become substantial—typically $15,000-$30,000 minimum in fees alone.
3. You Own Property in Multiple States
If you own real estate in California and another state—a vacation home in Arizona, rental property in Nevada, family cabin in Oregon—your heirs would face probate in each state without a trust.
4. You Value Privacy
Probate is entirely public. Anyone can access court files, see what you owned, and read family disputes. Trusts remain completely private.
5. You Have Minor Children
Trusts provide vastly superior financial management for children compared to wills alone.
6. You Have a Blended Family
Trusts provide much better control over how assets are distributed in second marriage situations.
7. You Have a Special Needs Beneficiary
Special needs trusts preserve government benefits eligibility while supplementing care.
8. You Want Seamless Incapacity Planning
Your successor trustee steps in immediately if you become incapacitated—no court involvement needed.
When a Simple Will Might Be Sufficient
Despite the advantages of trusts, there are legitimate situations where a will alone is appropriate:
Small Estates
If your total estate is under $184,500, your heirs may be able to use simplified procedures.
Young Adults with Minimal Assets
If you're in your 20s or early 30s with minimal assets, a will may be adequate for now.
No Real Estate
If you don't own real property and don't expect to inherit any, probate may be less burdensome.
Effective Beneficiary Designations
If substantially all your assets pass outside probate through proper beneficiary designations, there may be little left to probate.
Making Your Decision: A Framework
Ask Yourself These Questions:
1. Do I own real estate in California? → If YES, strongly lean toward trust
2. Is my estate worth more than $500,000? → If YES, trust likely makes financial sense
3. Do I value privacy for my family? → If YES, trust provides this (will doesn't)
4. Do I have minor children or a blended family? → If YES, trust provides superior control
5. Do I want to avoid court proceedings if I become incapacitated? → If YES, trust provides seamless transition
Frequently Asked Questions
Can I change my living trust after I create it?
Yes! A revocable living trust can be amended or even completely revoked at any time while you're alive and competent.
Do I need a trust if I'm not married?
Actually, unmarried individuals often benefit more from trusts! Proper planning is even more critical when you don't have automatic spousal inheritance rights.
Can I still refinance my house if it's in a trust?
Yes. California lenders are familiar with properties held in trust. Refinancing is routine.
Will a trust protect my assets from creditors?
A revocable living trust provides NO asset protection during your lifetime since you control it.
Do I still need a will if I have a trust?
Yes! You need a pour-over will that works with your trust. The will also nominates guardians for minor children.
Take Action to Protect Your Family
The decision between a living trust and a will isn't just about legal documents—it's about protecting your family during one of life's most difficult times.
Don't let another day go by without protecting your family. The trust or will you create today could save them thousands of dollars and months of stress.
Schedule your free estate planning consultation today. Call (818) 291-6217 or visit our contact page to get started.
About the Author
Rozsa Gyene (State Bar No. 208356) is a California estate planning and trust litigation attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With experience in both creating estate plans and litigating trust and probate disputes, Rozsa provides clients with practical, real-world guidance on protecting their families and avoiding costly mistakes.
Disclaimer: This article provides general information about California estate planning and should not be construed as legal advice. Every family's situation is unique. California laws change regularly, and this article reflects laws in effect as of January 2025. Consult with a qualified California estate planning attorney about your specific circumstances.
Written by Rozsa Gyene, Esq.
California State Bar #208356 | 25+ Years Probate & Estate Experience
Last Updated: November 28, 2025