California Wills, Trusts & Estate Planning

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026

Estate planning is how you make sure the people you care about are provided for, and that the right people can step in if you cannot act for yourself. This guide explains how wills, trusts, and probate work under California law, where probate can be especially slow and expensive.

The Core Estate Planning Documents

Will: names who receives your property, who will serve as your personal representative (executor), and who will care for minor children.
Revocable living trust: holds your assets during your life and passes them to your beneficiaries at death, usually without probate.
Durable power of attorney: lets someone you trust manage your finances if you become unable to.
Health care directive: states your medical wishes and names someone to make health care decisions for you.
Beneficiary designations: retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary form, not by your will, so they must be coordinated with the rest of your plan.

A plan that works is one where all of these pieces point in the same direction. Many problems I see in California estates come from outdated beneficiary forms or assets that were never moved into a trust.

Making a Valid Will in California

A California will must be in writing, signed by you (or by someone in your presence and at your direction), and signed by two witnesses who were present at the same time and understood that the document was your will (Probate Code § 6110).

California also recognizes holographic wills when the signature and the material provisions are in your own handwriting (Probate Code § 6111), and it offers a fill-in-the-blank statutory will form. Both are limited tools that frequently lead to disputes when family circumstances are more than simple.

Why Californians Use Living Trusts

California probate is court-supervised, public, and often takes a year or more. It is also costly: the personal representative and the attorney are each entitled to statutory fees based on the gross value of the estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% above that, before debts are subtracted. A home with a large mortgage can still generate large fees. For many California homeowners, a revocable living trust that avoids probate is the centerpiece of the estate plan.

Small Estates in California

California offers simplified procedures for smaller estates, based on the date of death. For deaths on or after April 1, 2025:

Small estate affidavit: personal property can be collected without probate if the estate subject to probate does not exceed $208,850 (Probate Code § 13100).
Primary residence: a decedent’s primary residence worth up to $750,000 may be transferred through a simplified court petition rather than full probate.
Spousal property petition: property passing to a surviving spouse or domestic partner can often be confirmed without full probate.

Only assets that actually pass through probate count toward these limits; trust assets, jointly held property, and accounts with beneficiaries are not included.

What Happens If You Die Without a Will

If you die without a will, California law decides who inherits your property through a process called intestate succession. Because California is a community property state, your spouse generally receives your share of community property, while separate property may be divided among your spouse, children, parents, or siblings depending on who survives you. The result may not match what you would have wanted, and the court, not you, chooses who administers your estate.

Estate and Inheritance Taxes

Idaho, Nevada, and California do not impose a state estate tax or inheritance tax. The federal estate tax applies only to very large estates, above a high per-person exemption amount that is adjusted by law. For most families, planning focuses on avoiding probate, protecting beneficiaries, and minimizing conflict rather than on estate tax.

Planning Through a Litigator’s Lens

I also handle probate and trust disputes, so I draft estate plans with an eye toward what causes families to end up in court: unclear language, outdated documents, and assets that do not match the plan. If a dispute has already started, see my Probate & Estate Litigation practice.

How I Can Help

I prepare wills, living trusts, powers of attorney, and health care directives for individuals and families in California, and I guide personal representatives and trustees through probate and trust administration. Request a consultation to talk about your plan.

This page provides general information about California law and is not legal advice. Dollar thresholds change periodically; verify current figures for your situation. Reading this page does not create an attorney-client relationship.