Estate Planning
Probate Avoidance
Probate is the court-supervised process of distributing assets after death. A revocable living trust allows assets to pass directly to beneficiaries without court involvement—saving significant time, money, and frustration while maintaining complete privacy.
A California family's 18-month ordeal
When Roberto Martinez passed away unexpectedly, his family assumed inheriting his modest Fresno home would be straightforward. He had a will. The house was paid off. There were no disputes among his three adult children.
But Roberto didn't have a trust. His home had to go through California probate.
Eighteen months later, after $52,000 in attorney fees, executor fees, and court costs, the Martinez children finally inherited their father's home—worth $680,000. Nearly 8% of their inheritance was consumed by a process that could have been avoided entirely.
California Judicial Council:
"California probate takes an average of 12-18 months. Statutory fees follow a sliding scale under Probate Code §10810: 4% on the first $100K, 3% on the next $100K, 2% on the next $800K, and 1% thereafter—paid to both the attorney and executor."
For a $1 million estate, that's approximately $46,000 in combined statutory fees—money that should go to your family.
The True Cost of California Probate
California has some of the highest statutory probate fees in the nation. Attorneys and executors are entitled to percentage-based fees set by law, regardless of how simple the estate is.
$500,000 estate: Approximately $26,000 in statutory fees.
This is just the baseline—extraordinary fees are often added for complications.
$1,000,000 estate: Approximately $46,000 in statutory fees.
Even straightforward estates pay the full percentage.
12-18 months average timeline for simple estates.
Your family waits while the court processes paperwork.
Complete public record of all assets and beneficiaries.
Anyone can look up exactly what you owned and who inherited it.
Family frozen out of accounts during the process.
Your spouse may struggle to pay bills while waiting for court approval.
A note: Most people don't create a trust because they don't think they have 'enough' to worry about. But in California, if you own a home—even a modest one—you have enough. Probate thresholds are surprisingly low, and real estate almost always pushes families into the full probate process. This isn't about being wealthy. It's about not forcing your family through an expensive, public, 18-month ordeal when a simple solution exists.
How a Living Trust Avoids Probate
When you place assets in a revocable living trust, the trust—not you personally—owns those assets. When you pass away, the trust simply continues with your successor trustee distributing assets according to your instructions. No court. No waiting. No public record.
No court involvement or supervision required.
Your successor trustee handles everything privately, following your instructions.
Assets available to beneficiaries in weeks, not years.
Your family can access what they need when they need it most.
Complete privacy—no public records.
Your financial affairs stay within your family.
Reduced opportunity for contests or disputes.
The streamlined process gives less room for family conflict.
Seamless transition if you become incapacitated.
Your trustee can manage your affairs without court intervention.
How trust 'funding' works
Creating a trust document isn't enough—you must transfer assets into the trust for them to avoid probate. This process is called 'funding' and is essential.
For real estate, you sign a new deed transferring your home to the trust. Bank and investment accounts are retitled in the trust's name. We also create a 'pour-over will' that catches anything missed and directs it to the trust.
Once your assets are in the trust, they pass outside of probate entirely. Your successor trustee can distribute them according to your wishes, usually within a few weeks of your passing.
What 'Funding' Your Trust Includes
We guide you through transferring each type of asset into your trust:
Real estate deeds to the trust.
Your home and any investment properties are transferred properly.
Bank accounts retitled or with POD designations.
Checking, savings, and CDs are connected to your trust.
Investment accounts transferred or with TOD beneficiaries.
Brokerage accounts, stocks, and bonds are covered.
Business interests assigned to the trust.
LLCs, partnerships, and sole proprietorships are addressed.
Personal property via general assignment.
Vehicles, jewelry, and other valuables are included.
Most families complete their estate plan in 2-3 weeks, entirely online. See how it works
Frequently Asked Questions
What assets still go through probate even with a trust?
Assets not transferred to the trust, assets acquired after creating the trust but not added, and assets without proper beneficiary designations. We create a 'pour-over will' that catches anything missed and directs it to the trust—though those assets would go through probate first.
Is there a minimum estate size where probate is simple?
As of April 2025, California's small estate threshold is $208,850 for personal property. AB 2016 also created a new streamlined process for primary residences valued under $750,000. However, if your combined assets exceed these thresholds—which is common for California homeowners—full probate still applies.
Can I just add my children to my deed to avoid probate?
We strongly advise against this. Adding children to your deed exposes your home to their creditors, divorcing spouses, and lawsuits. It also creates gift tax issues and may disqualify you from Medi-Cal. A trust provides probate avoidance without these risks.
What happens if I become incapacitated without a trust?
Your family may need to go to court for a conservatorship—a process even more expensive and invasive than probate. With a trust, your successor trustee can immediately manage your affairs with no court involvement.
Ready to Protect Your Family?
Your situation is unique, but our process is simple. Start online at your own pace, or schedule a call if you'd like to talk first.
Last updated: January 2025