When it comes to protecting your assets and ensuring your wishes
are carried out after you pass away, estate planning is one of the
most important steps you can take. One of the primary goals of
effective estate planning is to avoid probate—a lengthy, costly,
and public court process that can burden your loved ones during an
already difficult time.
What is Probate?
Probate is the legal process through which a deceased person's
assets are distributed to heirs and beneficiaries. In California,
probate can take anywhere from 9 months to 2 years or more,
depending on the complexity of the estate. During this time, your
assets are tied up, legal fees accumulate, and your family's
private financial matters become part of the public record.
Why Avoiding Probate Matters
There are several compelling reasons to structure your estate to
avoid probate:
-
Cost Savings:
Probate fees in California are based on the gross value of
the estate and can range from 4-7% of the total estate
value. For a $500,000 estate, that's $26,000 or more in
fees.
-
Time Efficiency:
Assets held in a properly funded living trust can be
distributed to beneficiaries within weeks, not months or
years.
-
Privacy:
Probate proceedings are public record. Anyone can look up
what assets you owned and who inherited them. A trust keeps
your family's financial affairs private.
-
Reduced Family Stress:
Avoiding probate means your family can focus on grieving and
healing rather than navigating a complex legal
process.
How to Avoid Probate: Living Trusts
The most effective way to avoid probate in California is through a
revocable living trust. When you create a living trust, you
transfer ownership of your assets into the trust while maintaining
complete control during your lifetime. Upon your passing, your
successor trustee can immediately distribute assets to your
beneficiaries without court involvement.
Important to Know
Simply creating a trust isn't enough—you must properly
"fund" it by transferring assets into the trust's name. Real
estate, bank accounts, investment accounts, and other
valuable assets should all be retitled in the name of your
trust.
Other Estate Planning Tools
While a living trust is the cornerstone of probate avoidance,
there are other important estate planning documents you should
have in place:
-
Pour-Over Will:
Catches any assets not transferred to your trust and directs
them into it
-
Durable Power of Attorney:
Allows someone to manage your finances if you become
incapacitated
-
Healthcare Directive:
Specifies your medical wishes and appoints someone to make
healthcare decisions on your behalf
-
HIPAA Authorization:
Gives designated individuals access to your medical
information
Don't Wait—Start Planning Today
Many people put off estate planning, thinking they're too young or
don't have enough assets. The reality is that if you own a home in
California, have retirement accounts, or want to control who
inherits your possessions, you need an estate plan. Without one,
the state of California decides who gets your assets through the
probate process—and that might not align with your wishes.
At
BY THE PEOPLE,
we help California families prepare comprehensive estate planning
documents including living trusts, wills, powers of attorney, and
healthcare directives. As a registered Legal Document Assistant,
Tyler Brewer provides professional document preparation services
at a fraction of the cost of hiring an attorney.
Protect Your Family's Future
Schedule a free consultation to discuss your estate planning
needs and learn how to avoid probate.
Disclaimer: This article is for informational
purposes only and does not constitute legal advice. A Legal
Document Assistant is authorized by law to prepare legal
documents at your direction without attorney supervision. We
cannot provide legal advice or represent you in court. For
specific legal advice about your situation, please consult with
a licensed attorney.