Everyone in California with assets or children should have an estate plan — but should it be a will, a living trust, or both? Here is how to think about it.
What a will does
A will names who inherits your property, names guardians for minor children, and names an executor to carry out your wishes. It is essential — but a will alone usually must go through probate, the court process for settling an estate.
Why probate matters in California
California probate can be slow (often 9–18 months) and expensive, with statutory fees based on the gross value of the estate. For many homeowners, the value of the home alone makes probate costly. Avoiding it is the main reason people choose a living trust.
What a living trust does
A revocable living trust holds your assets during your life and passes them to your beneficiaries after death without probate — privately, faster, and usually cheaper overall. You stay in full control while you are alive and can change it anytime.
Do you need both?
Often yes. A living trust handles your major assets and avoids probate, while a pour-over will catches anything not titled in the trust and names guardians for children. Most complete plans also include a power of attorney and an advance health care directive.
Rule of thumb
If you own a home or have substantial assets in California, a living trust usually saves your family significant time and money. If your estate is small and simple, a will may be enough.
How Curbside Legal helps
We prepare wills, revocable living trusts, pour-over wills, powers of attorney, and health care directives — complete and properly executed. Living trust packages from $1,250. See pricing or start your intake.
Curbside Legal is a legal document preparation service, not a law firm, and does not provide legal advice.