Do I need a will or a trust in California?

It depends on your goals. A will directs your property and names an executor, but the property passing under it generally goes through probate unless a small-estate procedure applies (Prob. Code §13100); a revocable living trust passes the property titled in it outside probate while you keep control during life (§15400). Many California plans pair a funded revocable trust with a pour-over will (§6300).

How do I avoid probate in California?

Usually by holding property in a funded revocable trust, by beneficiary designations, joint tenancy and payable-on-death or transfer-on-death registrations, or — for real property — a revocable transfer on death deed (Prob. Code §5600 and following, a part in effect until January 1, 2032 unless extended). Smaller estates may pass by shorter routes such as the affidavit of §13100.

Does a revocable living trust protect assets from creditors in California?

No. During your lifetime the property of a trust you can revoke is subject to your creditors' claims to the extent of the power to revoke (Prob. Code §18200), and after your death it answers for the probate estate's creditors and expenses to the extent the probate estate cannot pay them (§19001).

What documents are in a typical California estate plan?

Commonly a revocable living trust with a pour-over will (Prob. Code §6300), a durable power of attorney for finances, an advance health care directive naming an agent and giving instructions (§§4670–4671; the statutory form is §4701), and beneficiary designations that agree with the plan. A will may also nominate a guardian for a minor child (§1500).

California Estate Planning: Wills, Trusts and Probate

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The building blocks of a California estate plan

A California will

A will directs who receives your property and names an executor, and it can nominate guardians for minor children. It is signed by you and by two witnesses present at the same time (Prob. Code §6110), or written and signed in your own hand (§6111) — and property passing under it generally goes through probate unless the estate qualifies for a small-estate procedure such as the affidavit of §13100.

A revocable living Trust

A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.

Probate

Probate is the court process that settles a decedent's estate — proving the will, paying creditors, and distributing what remains. In California a personal representative files an inventory and appraisal within four months after letters (Prob. Code §8800) and gives notice to known creditors (§9050); smaller estates can use shorter routes, such as the affidavit for personal property after 40 days (§13100). Many plans aim to reduce or avoid probate.

Asset protection

California offers protections set by statute — the homestead exemption (Code Civ. Proc. §704.710 and following), exemptions for life insurance and annuity policies (Code Civ. Proc. §704.100) and retirement plans (Code Civ. Proc. §704.115), and spendthrift terms in a trust someone else creates (Prob. Code §15300) — but they depend on facts, timing, and titling, and a revocable Trust does not shield assets from the settlor's own creditors (§18200). This is an area to review with a California attorney.

Powers of attorney & advance directives

A complete plan usually also includes a durable power of attorney for finances and an advance health care directive — naming an agent for health care decisions (Prob. Code §4671) and giving instructions (§4670), on the statutory form or another writing (§4701) — so someone you trust can act for you if you cannot.

Which plan is right in California?

There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a California attorney can recommend what fits your situation.

General information about California law, not legal advice.

Frequently asked questions

Do I need a will or a trust in California?: It depends on your goals. A will directs your property and names an executor, but the property passing under it generally goes through probate unless a small-estate procedure applies (Prob. Code §13100); a revocable living trust passes the property titled in it outside probate while you keep control during life (§15400). Many California plans pair a funded revocable trust with a pour-over will (§6300).
How do I avoid probate in California?: Usually by holding property in a funded revocable trust, by beneficiary designations, joint tenancy and payable-on-death or transfer-on-death registrations, or — for real property — a revocable transfer on death deed (Prob. Code §5600 and following, a part in effect until January 1, 2032 unless extended). Smaller estates may pass by shorter routes such as the affidavit of §13100.
Does a revocable living trust protect assets from creditors in California?: No. During your lifetime the property of a trust you can revoke is subject to your creditors' claims to the extent of the power to revoke (Prob. Code §18200), and after your death it answers for the probate estate's creditors and expenses to the extent the probate estate cannot pay them (§19001).
What documents are in a typical California estate plan?: Commonly a revocable living trust with a pour-over will (Prob. Code §6300), a durable power of attorney for finances, an advance health care directive naming an agent and giving instructions (§§4670–4671; the statutory form is §4701), and beneficiary designations that agree with the plan. A will may also nominate a guardian for a minor child (§1500).