Once you’ve created a California estate plan, you may think you never have to look at it again. The reality is different. There are certain triggers especially that should make you review your estate plan to ensure it still works they way you want it to.
At Filippi Law Firm, P.C., our California estate law attorneys help you create a comprehensive estate plan and review it along the way. Get in touch today if any of these 12 triggers (or other major life changes) have happened to you.
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The 12 Update Triggers
1. Marriage (First or Second)
A new spouse can change a great deal about how you want your plan to work.
2. Divorce
Divorce may automatically revoke certain designations, but not all of them. If you were or are about to be divorced, updating your estate plan is key.
3. Death of a Named Fiduciary
If one of your fiduciaries named in your plan dies, you’ll need to update your plan to name someone else.
4. A New Child or Grandchild
You may need to add beneficiaries, update guardianship provisions, or create subtrusts for minors.
5. Moving Into or Out of California
California’s community property rules, Prop 19, and probate thresholds differ from other states. A move almost always requires a review.
6. Buying or Selling Real Property
New property must be titled correctly in your trust. Selling property may require removing it from the trust or updating tax‑basis planning.
7. Selling a Business or Major Liquidity Event
A business sale can dramatically change estate value, tax exposure, and succession planning.
8. A Beneficiary’s Disability or Creditor Problem
You may need a special needs trust or protective provisions to shield assets from lawsuits, bankruptcy, or divorce.
9. Inheriting an IRA
Inherited IRAs have strict SECURE Act distribution rules. Your trust may need updates to avoid accelerated taxation.
10. A Trustee Who Is No Longer Appropriate
Certain factors can change whether your trustee is the right person for the job.
11. A Material Change in Estate Value
If your estate has grown or shrunk significantly, your tax strategy, distribution plan, and fiduciary choices may no longer fit.
12. A Change in the Law
Two major changes in 2025–26 make updates urgent:
- AB 2016 Probate Thresholds: Estates under $184,500 (personal property) and homes under $750,000 may avoid probate. This affects whether a trust is necessary and how assets should be titled.
- The 2026 Federal Estate Tax Exemption: The current federal estate tax exemption may have a significant impact on your existing estate plan.
Prop 19: The Tax That Actually Bites California Families
Prop 19 reassessment , not the estate tax, is the biggest tax risk for most California families. You need to confirm:
- Whether your children will face full reassessment
- Whether your trust structure triggers reassessment
- Whether a restatement can preserve your low property tax base
Prop 19 is now a core part of every California estate plan review.
Amendment vs. Restatement vs. New Trust
Amendment
An amendment is best for more specific changes, such as naming a new trustee or adding a beneficiary.
Restatement
Best when the structure is outdated but you want to keep the original trust name and avoid retitling assets. Most plans more than 7–10 years old need a restatement.
New Trust
Some trusts need to start over from the beginning. Perhaps another lawyer put it together, or the law changed so drastically that a new trust better protects your assets.
What a California Estate Plan Review Includes
A proper review should cover:
- Current family structure
- Fiduciary suitability
- Real property titling and Prop 19 exposure
- Tax strategy under the 2026 exemption
- IRA and retirement account alignment
- Community property characterization
- Whether your trust needs amendment, restatement, or replacement
Most reviews take 60–90 minutes and include a written summary of recommended updates.
FAQ
1. How often should I update my estate plan?
Every three to five years, or immediately when any of the 12 triggers occur.
2. Do I need to update my plan if I move into or out of California?
Yes. California’s community property rules and Prop 19 make moves a major trigger.
3. Should I update my trust after buying or selling a home?
Yes. Real property must be titled correctly to avoid probate and reassessment.
4. How do the 2026 federal estate tax changes affect my plan?
The $15M exemption means many older A/B trusts should be reviewed or unwound.
5. What’s the difference between an amendment and a restatement?
Amendments fix small issues; restatements modernize the entire document.
6. What does a plan review actually involve?
A full review of your family, assets, tax exposure, and trust structure, plus a written update plan.
Update Your California Estate Plan Today
Keeping your estate plan updated is critical to protecting your interests.
Let the dedicated estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
