California Estate Planning Guide
Part of the American Estate Planning Series
A clear introduction to wills, trusts, probate, and estate planning laws in California.
Estate planning laws vary significantly from state to state. This California Estate Planning Hub is part of the American Estate Planning Series and provides educational resources designed to help California residents understand the basics of wills, trusts, probate, and related planning strategies.
Visitors can begin with the introductory videos below or download the Estate Planning Starter Workbook to help organize important planning information.
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Use the links below to explore the sections of this California Estate Planning Guide.
Start Here: California Estate Planning Basics
If you are beginning to learn about estate planning in California, the videos below explain several of the most important concepts, including probate, living trusts, wills, and how California law approaches estate administration.
California Probate Basics: What Happens After Someone Dies
This video explains the basics of probate in California and what typically happens after someone dies.
Do You Really Need a Trust? A Simple Decision Framework
This video explains when a living trust may make sense and provides a simple framework for deciding whether a trust is appropriate for your situation.
What Makes California Estate Planning Different
While many estate planning concepts apply nationwide, California has several unique legal rules that affect how estates are administered and how planning strategies are structured.
California probate procedures and court supervision
Community property rules for married couples
The role of living trusts in avoiding probate
California rules governing wills and beneficiary designations
Property ownership and transfer considerations
Estate Planning Starter Workbook
A simple worksheet designed to help individuals and families organize the key information needed for estate planning.
Completing the workbook can help clarify planning goals, identify important assets, and prepare for conversations with an estate planning professional.
This workbook may be helpful if you:
want to begin organizing your estate planning information
are thinking about creating or updating an estate plan
want to better understand your assets and beneficiaries
plan to meet with an estate planning attorney in the future
want to organize information for your family
What the workbook includes:
Personal and family information
Asset and property overview
Beneficiary designations
Planning goals and priorities
Notes and questions for future planning discussions
Many people find it helpful to complete the workbook before meeting with an estate planning attorney or beginning the planning process.
17-page fillable PDF
Download instantly — no email or signup required
California Estate Planning Videos
The following videos explain common estate planning questions that arise under California law.
Additional California estate planning videos will be added as the library expands.
California Probate Basics: What Happens After Someone Dies
This video explains the basics of probate in California and what typically happens after someone dies.
California Living Trust Basics
This video explains how living trusts work in California and why many families use them as part of their estate planning strategy.
What Happens If You Die Without a Will in California?
This video explains what happens when someone dies without a will in California and how state law determines who inherits the estate.
How Much Does Probate Cost in California?
Learn how California probate fees are calculated and why probate can be much more expensive than many families expect.
When Should You Work With a California Estate Planning Attorney?
Educational resources can help explain the basics of estate planning, but every family’s situation is different. In many cases, working with an experienced estate planning attorney can help ensure that your plan reflects your goals and complies with California law.
People often consider working with an estate planning attorney when:
You want to create a living trust
You have minor children
You own real estate or multiple properties
You have a blended family
You want to minimize probate complications
The American Estate Planning Series is developing state-specific resources across the country. As the project expands, participating estate planning attorneys may be featured in the California section of the site.
Estate planning attorneys in California who are interested in participating in the American Estate Planning Series may contact us for additional information.
Common Estate Planning Questions
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Many California families include a living trust as part of their estate plan because assets held in a properly funded trust may avoid probate. Whether a trust is appropriate depends on factors such as the types of assets you own, your family situation, and your planning goals. Some estates can be handled effectively with a will and other planning documents.
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When someone dies without a will, California law determines who inherits the estate. These rules are called intestacy laws and generally prioritize spouses, children, and other close relatives. If probate is required, the court appoints an administrator to handle the estate and distribute assets according to those laws.
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No. Some assets transfer automatically outside of probate. For example, assets held in a living trust, jointly owned property with survivorship rights, and accounts with beneficiary designations may pass directly to beneficiaries. However, assets owned solely in a person’s name without these arrangements may still require probate.
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The probate process in California often takes nine months to a year or more, depending on the complexity of the estate. The timeline is influenced by required notices, creditor claim periods, and court supervision. More complicated estates may take longer.
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Many estate plans include a will, a durable power of attorney, and an advance health care directive. Some plans also include a living trust, particularly when individuals want to simplify the transfer of assets after death. The specific documents used depend on a person’s circumstances and planning objectives.
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A durable power of attorney allows someone you trust to manage financial matters if you become unable to do so yourself. This can include handling banking, paying bills, or managing property. Without this document, a court proceeding may be required to appoint someone to act on your behalf.
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An advance health care directive allows you to name someone to make medical decisions if you are unable to communicate your wishes. It can also include instructions about your medical care preferences. This document helps ensure that medical decisions are made by someone you trust.
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Probate costs in California can include court filing fees, administrative expenses, and compensation for the personal representative and attorneys involved in the process. California law provides a statutory fee structure based on the value of the estate subject to probate. Because of these costs and the time involved, some families explore planning strategies that may simplify the administration of an estate.
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Assets that are properly transferred into a living trust generally do not go through probate when the person who created the trust dies. Instead, the successor trustee named in the trust manages the distribution of those assets according to the instructions in the trust document. However, assets that are not transferred into the trust may still be subject to probate.em description
About the American Estate Planning Series
The American Estate Planning Series is a national educational project designed to help individuals and families better understand estate planning concepts and how those concepts apply within their state.
Because estate planning laws vary significantly across the United States, the American Estate Planning Series develops state-specific resources that explain topics such as wills, living trusts, probate, and incapacity planning under the laws of each state.
As the project expands, additional educational materials and participating estate planning attorneys may be featured in state sections of the site.
The goal of the American Estate Planning Series is to provide clear educational guidance that helps families better understand estate planning before making important decisions.