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Living Trust vs. Will in California

By Kristi Day, Living Trust Advisor · Published October 4, 2026 · Last reviewed October 24, 2026
Quick answer: In California, a will still has to go through probate court if your estate is over $208,850, while a funded living trust avoids probate entirely. A trust also stays private and covers incapacity, which is why most California homeowners choose a living trust paired with a pour-over will.

A will and a living trust both say who gets what. The big difference is what happens on the way there. In California, a will alone usually sends your estate through probate court if it's worth more than $208,850. A funded living trust lets your successor trustee transfer assets privately, without court.

Will onlyLiving trust
Avoids probateNo (above $208,850)Yes, when funded
PrivateNo — public court recordYes
Typical timeline12–18 monthsOften a few months
Covers incapacityNoYes — successor trustee steps in
Names guardians for kidsYesPaired with a pour-over will
Cost to your familyStatutory fees on the gross estateMostly up front

Do I still need a will if I have a trust?

Yes — a "pour-over" will catches anything left outside the trust and is where you nominate guardians for minor children. That's why a complete plan includes both, plus powers of attorney and a healthcare directive.

Who should choose a trust?

Most California homeowners. With home values in Southern California, many families pass the $208,850 probate threshold with their house alone. See what probate could cost with our probate cost calculator.

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