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 only | Living trust | |
|---|---|---|
| Avoids probate | No (above $208,850) | Yes, when funded |
| Private | No — public court record | Yes |
| Typical timeline | 12–18 months | Often a few months |
| Covers incapacity | No | Yes — successor trustee steps in |
| Names guardians for kids | Yes | Paired with a pour-over will |
| Cost to your family | Statutory fees on the gross estate | Mostly up front |
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.
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.
Get clear answers about your family's plan in one short conversation.