Your Estate Planning and Probate Questions, Answered

For most California homeowners, a living trust is the better choice. A will alone requires your estate to go through probate — a court-supervised process that takes months, costs thousands in statutory fees, and becomes public record. A living trust keeps your estate private, transfers assets to your family without court involvement, and lets you remain in full control while you're alive.

California's intestate succession laws determine who inherits — and the result may not match your wishes. The state distributes your assets according to a fixed formula based on family relationships, starting with a spouse and children. If you're unmarried, in a domestic partnership, or have a blended family, the outcome can be especially unpredictable. A simple estate plan puts you back in control.

Cost depends on what your situation requires. A basic living trust package for an individual or couple — including the trust, pour-over will, power of attorney, and healthcare directive — is straightforward to estimate once I understand your goals. I offer a free consultation specifically so you can get a clear picture of what's involved and what it will cost before you commit to anything.

A pour-over will works alongside your living trust. If any assets remain outside your trust at death — because you forgot to transfer them, or acquired them after the trust was created — the pour-over will directs those assets into the trust so they're distributed according to your plan. It's a backstop, not a replacement. If you have a living trust, you should have a pour-over will as well.

Creating a trust is only half the job. Trust funding is the process of retitling your assets — your home, bank accounts, investment accounts — into the name of the trust. An unfunded trust is a legal document with nothing in it. If your home is still in your personal name when you die, it may have to go through probate regardless of what your trust says. I walk every client through the funding process to make sure the plan actually works.

A power of attorney authorizes someone you choose to handle financial and legal matters on your behalf if you become incapacitated — signing documents, managing accounts, paying bills. A healthcare directive (also called an advance healthcare directive) covers medical decisions: who speaks for you, what treatments you do or don't want, and end-of-life preferences. Both are essential components of a complete estate plan, and both should be in place before you need them.

Major life changes are the trigger: marriage, divorce, the birth or adoption of a child, the death of a beneficiary or named trustee, a significant change in assets, or a move to a new state. As a general rule, reviewing your plan every three to five years keeps it current. I offer existing clients a no-charge annual check-in for exactly this reason.

Probate is the court-supervised process of validating a will, paying debts, and distributing a deceased person's assets. In California, it's required for estates with assets above the small-estate threshold that aren't held in a trust or don't pass automatically through beneficiary designations. The process typically takes 12 to 18 months, sometimes longer for contested or complex estates.

California sets statutory fees for the executor and the attorney based on the gross value of the estate — not the net value after debts. Under California Probate Code §§ 10800 and 10810, the fee is 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. On a $900,000 estate, that's $21,000 in statutory fees — and that's before court costs, appraisal fees, or any extraordinary compensation. This is one of the strongest arguments for a living trust.

Yes, and for most families it can be avoided entirely with proper planning. A funded living trust is the most effective tool — assets held in trust pass directly to beneficiaries without court involvement. Beneficiary designations on retirement accounts and life insurance, joint tenancy, and payable-on-death account designations can also keep specific assets out of probate. The key is making sure the plan is complete and properly funded before it's needed.

California has two main small-estate procedures that allow families to transfer assets without full probate. For personal property, the small-estate affidavit threshold under Probate Code § 13100 is $208,850 for deaths occurring April 1, 2025 through March 31, 2026, rising to $239,700 for deaths on or after April 1, 2026. For a primary residence, a Petition to Determine Succession (form DE-310) now covers homes valued up to $750,000, up from the prior $184,500 limit. These thresholds are adjusted periodically, so it's worth confirming the current figures with an attorney.

Trust administration is the process a successor trustee follows after the trust creator dies — inventorying assets, notifying beneficiaries, paying debts, and distributing the estate according to the trust's terms. It is not probate. There's no court, no judge, and no public filing. It's a private process, but it still has legal requirements and deadlines that trustees must meet. If you've been named as a successor trustee, I can guide you through every step.

Intestate succession is the legal framework California uses to distribute a deceased person's assets when there's no valid will or trust. The state's formula prioritizes spouses and registered domestic partners, then children, then parents, then siblings, and so on. The distribution doesn't account for your relationships, your intentions, or anyone who isn't a blood relative or legal spouse — which is why dying without a plan can leave the people you care about with less than you intended.

Proposition 19, which took effect February 16, 2021, significantly changed the rules for transferring property between parents and children in California. Before Prop 19, a parent could transfer any California property to a child and the child could keep the parent's lower assessed value indefinitely. Under Prop 19, the parent-child exclusion from property tax reassessment is now limited to a primary residence — and only if the child moves in and makes it their own primary residence within one year. Investment properties, vacation homes, and rental properties no longer qualify for the exclusion.

If the inherited home qualifies — meaning the child uses it as a primary residence — the exclusion protects the parent's factored base year value plus a cap amount. For transfers occurring February 16, 2025 through February 15, 2027, that cap is $1,044,586, per California State Board of Equalization Letter to Assessors No. 2025/009. The cap is adjusted every two years using the FHFA House Price Index for California. If the home's fair market value exceeds the parent's base year value plus the cap, only the excess is reassessed.

The eligible transferee — the child inheriting the property — must file a claim for the parent-child exclusion within one year of the parent's date of death. Missing that deadline means the property is reassessed at current market value, which can result in a dramatically higher property tax bill going forward. If you've recently inherited a property and aren't sure whether a claim was filed, contact my office as soon as possible — there may still be options depending on your circumstances.

Yes. Under Prop 19's over-55 provisions, California homeowners who are 55 or older, severely disabled, or victims of a natural disaster can transfer their current home's assessed base year value to a replacement home anywhere in California. You can use this benefit up to three times in your lifetime. Timing and qualification details matter, and the rules changed significantly from the prior Prop 60/90 framework, so it's worth reviewing your situation before you sell.

If you believe the San Diego County Assessor has overvalued your property, you have the right to appeal. The filing window in San Diego County runs from July 2 through November 30 each year. A successful appeal can reduce your assessed value and lower your annual tax bill going forward. I can evaluate whether an appeal is worth pursuing and handle the process on your behalf.

Yes. Every new client starts with a free, no-obligation consultation. We'll talk through your situation, your goals, and what a plan would realistically involve — including cost. There's no pressure and no commitment required.

You'll work directly with me from the first conversation through the final document. I don't hand matters off to paralegals or associates. Every client gets my personal attention throughout the process.

Yes. While my office is in Point Loma, I work with families throughout San Diego, including clients in La Jolla, Coronado, Mission Hills, Ocean Beach, Pacific Beach, and Chula Vista. If you're in the San Diego area and need estate planning, probate, or property tax guidance, I'm glad to help.

Call my office at 619.994.1215 or use the contact form to schedule your free consultation. I'll respond promptly and we'll find a time that works for you.