Most Californians are looking for a comprehensive option to answer many questions, such as whether to rely on a will or add a trust into the equation. A revocable living trust helps avoid probate if it is properly funded, while a will alone will head into probate. This tool and others can help families avoid probate and the high costs associated with it.
At Filippi Law Firm, P.C., our California estate law attorneys are ready to help you. We help families pre-plan to avoid probate with the right tools created the correct way.
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1. Wills in California Always Go Through Probate
A will is a critical part of an estate plan. It names guardians, directs where your property goes, and expresses other key wishes. A will must be submitted to probate unless it qualifies as a “small estate” under state law.
California’s small-estate procedures apply only when the total estate value is below:
- $184,500 for general assets (Probate Code §13100)
- $750,000 for a primary residence (effective April 1, 2025 under AB 2016)
If your estate exceeds either threshold, your will goes through probate without an exception. For most California families, especially homeowners, probate is unavoidable unless assets are held in a revocable living trust.
2. California Probate is Expensive
California probate is expensive because attorney and executor fees are set by statute and calculated on the gross value of the estate, not equity.
This is why probate avoidance is the single biggest driver of trust-based planning in California.
3. A Revocable Living Trust Avoids Probate
A revocable living trust avoids probate because assets titled in the trust are not part of your probate estate. They pass according to the trust terms without court involvement.
But this only works if the trust is funded. Funding means:
- Retitling your home into the trust
- Moving bank and brokerage accounts into the trust
- Updating beneficiary designations where appropriate
- Assigning business interests to the trust
- Adding personal property through a general assignment
An unfunded trust does not avoid probate. Funding is the step that actually matters.
4. The Role of a Pour-Over Will
Every California trust-based plan includes a pour-over will. This document:
- Sends any assets left outside the trust into the trust at death
- Ensures nothing is accidentally omitted
- Names guardians for minor children
- Acts as a safety net
However, assets captured by a pour-over will still go through probate unless they fall under the small-estate thresholds. A pour-over will does not avoid probate, it simply protects your trust plan from gaps.
5. How AB 2016’s $750,000 Primary-Residence Threshold Changes Things
Beginning April 1, 2025, California allows heirs to use a simplified procedure for transferring a primary residence valued at $750,000 or less.
This helps some families, but it does not eliminate probate for:
- Homes above $750,000 (common across California)
- Rental properties
- Vacation homes
- Other assets exceeding $184,500
For most homeowners, a revocable living trust remains the only reliable probate-avoidance strategy.
6. When a Will Alone Might Be Enough
A will may be sufficient if:
- You rent and do not own real estate
- Your total estate is under $184,500
- Your home is under $750,000 and qualifies as a primary residence
- You are comfortable with probate delays and costs
But for most California families, especially homeowners, probate avoidance is worth the effort of creating and funding a trust.
7. When a Revocable Living Trust Makes More Sense
A trust is the better choice if you want:
- Probate avoidance
- Faster distribution to beneficiaries
- Privacy (probate is public)
- Protection for minor children
- Smooth management during incapacity
- Clear control over real estate transfers
- Lower long-term administrative costs
A trust also simplifies planning for blended families, special-needs beneficiaries, and complex asset structures.
Learn Which Estate Planning Options Will Help You Avoid Probate in California
Our highly skilled probate avoidance attorneys know California law and how it will impact your particular circumstances. A consultation helps you get started on protecting your assets and the loved ones you leave behind.
Let the dedicated estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
