Educational guide — not legal advice. California law is set by statute and changes over time. Consult a licensed California attorney about your specific situation.
Why California is different
Estate planning is broadly the same everywhere — you decide who gets your assets and who makes decisions if you can’t. But California has one feature that changes the advice: probate here is expensive.
California sets probate fees by statute (Probate Code §§10800, 10810), lets both the attorney and executor charge the schedule, and calculates the fee on the gross value of your estate — before subtracting your mortgage. Because the schedule runs on gross value, a mortgaged home is counted at its full value rather than at the owner’s equity in it. That’s why so much California estate planning centers on avoiding probate with a living trust — a step that’s overkill in many other states but genuinely pays off here.
If you read nothing else: California homeowners usually benefit from a living trust; California renters usually don’t. Everything below explains why.
The core documents
A complete California estate plan is a short list. Here’s what each piece does.
1. A will
Your will names who inherits, who serves as executor, and — critically — who serves as guardian for minor children. A will is the only document that names guardians, so every parent of young kids needs one even if they also have a trust.
In California, a valid will must be in writing, signed, and witnessed by two people present at the same time (Probate Code §6110). It does not need to be notarized — a common and dangerous misconception. See Does a Will Have to Be Notarized in California?.
What a basic California will costs is quoted by the attorney or set by the online service. We found no independent published source for that figure as of September 2026; the ranges that are published come from law firms, from online document sellers, or from sites paid to refer customers to them, so none is cited here. See How Much Does a Will Cost in California in 2026?.
2. A revocable living trust (for most homeowners)
A living trust is a container you transfer your assets into while alive. You control it completely, and at death your successor trustee distributes the assets without probate. In California, this is the workhorse document for anyone who owns a home, because it sidesteps the statutory probate fees described above.
What a trust package costs in California is quoted by the preparer, and no independent published source for it was found. See Do You Need a Living Trust in California? and the head-to-head in Will vs. Living Trust: Which Is Better in California?.
The one rule that matters most: a trust only avoids probate for assets actually retitled into it. An unfunded trust protects nothing. Fund it.
3. A durable financial power of attorney
Names someone to manage your money if you become incapacitated. Without it, your family may need a court conservatorship — slow and expensive. This document needs notarization in California.
4. An advance health care directive
California’s combined living will + healthcare proxy (Probate Code §4700). It states your wishes for end-of-life care and names someone to make medical decisions if you can’t. Pair it with a HIPAA authorization so your agent can access your records.
5. Beneficiary designations
Often overlooked, but they override your will. Retirement accounts, life insurance, and payable-on-death/transfer-on-death accounts pass directly to named beneficiaries and skip probate automatically. Keeping these current is some of the cheapest, highest-value estate planning you can do.
What happens if you do nothing
If you die without a will in California, the state’s intestacy rules (Probate Code §6400 et seq.) decide who inherits — and the answer may not be what you’d choose, especially for blended families or unmarried partners (who inherit nothing under intestacy). California’s community property rules also shape the outcome between spouses. The estate still goes through probate, just without your input. See What Happens If You Die Without a Will in California.
Probate in California: cost and time
Because avoiding probate is the central California goal, it helps to know what you’re avoiding:
- Cost: the §10800(a) and §10810(a) schedules on the gross estate — $23,000 on each for an estate accounted for at $1,000,000 (4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000) — plus the court filing fee: Cal. Gov. Code §70650(a) sets the uniform filing fee for the first petition for letters of administration or letters testamentary at $355, and Cal. Prob. Code §8961(a) gives the probate referee a commission of one-tenth of one percent of the total value of the property appraised for each estate. See Probate Cost in California.
- Time: driven by the statutory steps of a formal administration and the court’s own calendar. See How Long Does Probate Take in California.
- Ways to avoid it: Living trust, TOD deed on a residence (Cal. Prob. Code §5600 et seq. — repealed January 1, 2032 under §5600(c) unless a later statute extends the date; see the record below), beneficiary designations, joint ownership, and small-estate procedures. See How to Avoid Probate in California.
California also offers a small-estate affidavit for estates under $208,850 — the figure for deaths on or after April 1, 2025, adjusted every three years under §890 and next adjusted April 1, 2028 — but most homeowners exceed that because the home counts at full value.
A simple sequence to get started
- Inventory what you own and roughly what it’s worth (count your home at full market value).
- Beneficiary designations on retirement accounts and life insurance — free to change and immediate.
- Decide will-only vs. trust using the homeowner test above.
- The core documents — will, financial POA, advance health care directive (plus a trust if you own a home).
- Fund the trust if you set one up — retitle the home and accounts.
- Guardians for minor children, nominated in the will.
- Tell your executor/trustee where everything is and review every few years or after a big life change.
What the record shows
California sets statutory probate compensation on the gross value of the estate, before deduction of encumbrances (Cal. Prob. Code §10810), so a mortgaged home is counted at full value on both the attorney and the executor scale. A funded revocable trust removes the assets retitled into it from that calculation; assets already passing by beneficiary designation or survivorship are outside both. A will requires two witnesses present at the same time (§6110); holographic wills are recognised under §6111. California has a revocable transfer on death deed for residential real property under Cal. Prob. Code §5600 et seq.; the statutory form and its eligibility limits are set out in that chapter. §5600(c) provides that Part 4 “shall remain in effect only until January 1, 2032, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2032, deletes or extends that date”, and that the repeal “shall not affect the validity or effect of a revocable transfer on death deed that is executed before January 1, 2032”. The January 1, 2032 date was set by SB 315 (Stats. 2021, ch. 215); the published text carries no later extension as of 2026-09-21. The small-estate affidavit threshold and its citation are given above.
Common questions
Does California have an estate or inheritance tax?
No. California has neither a state estate tax nor an inheritance tax. Only the federal estate tax applies, and it affects only very large estates (the exemption is in the millions per person). For nearly all California families, the planning concern is probate cost, not death taxes.
Do unmarried partners inherit anything in California?
Under California’s intestacy rules (Probate Code §6400 et seq.), an unmarried partner who isn’t a registered domestic partner inherits nothing automatically, no matter how long the relationship. Property reaches a person who is not an heir under those sections only through a will, trust, or beneficiary designation. Registered domestic partners are treated like spouses.
How does community property affect my estate plan?
California is a community property state: most assets acquired during marriage are owned 50/50. You can generally only give away your half of community property by will or trust; your spouse already owns the other half. Community property also gets a favorable double step-up in cost basis at the first spouse’s death, which is worth planning around.
Can I write my own will in California?
Yes. California recognizes holographic (handwritten) wills under Probate Code §6111, a statutory will form, and wills drafted through an online service. For a typed will Probate Code §6110 requires two witnesses, and notarization is not among its requirements. See Does a Will Have to Be Notarized in California?.
What’s the single most important step for a California homeowner?
A living trust operates only on assets retitled into it. A home left in the owner’s personal name passes through probate, where California’s statutory fee schedule applies to its gross value.
The full California cluster
- How Much Does a Will Cost in California in 2026?
- Does a Will Have to Be Notarized in California?
- Will vs. Living Trust: Which Is Better in California?
- Do You Need a Living Trust in California?
- Probate Cost in California
- How Long Does Probate Take in California
- How to Avoid Probate in California
- What Happens If You Die Without a Will in California
Related national guides
- What Is Estate Planning? The Documents and What Each Does
- What Is Probate and How Does It Work?
- Estate Planning Checklist: Everything in One Place
Educational information only — not legal, tax, or financial advice. California law is set by statute and changes; thresholds and fees adjust periodically. Confirm current figures and your specific situation with a licensed California attorney. Sources: California Probate Code §§6110, 6400 et seq., 4700, 5600 et seq., 10800, 10810, 13100; State Bar of California.