Straight answers about trusts, wills, and probate in California.
A revocable living trust is a legal arrangement that holds your assets during your life and passes them to your chosen beneficiaries at death — without probate court. You stay in control as trustee and can change it any time.
If you own a home or have more than $208,850 in assets outside of beneficiary designations, your family will generally face probate without one. That's the California small-estate limit as of April 1, 2025.
Full probate typically takes 12 to 18 months, and can take longer if there are disputes or real estate sales. Trust administration often finishes in a few months.
Attorney and executor fees are each set by statute as a percentage of the gross estate: 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000. A $1,000,000 estate means about $46,000 in combined statutory fees before other costs. Try our probate cost calculator.
A will names who inherits and who should raise your children, but in California it doesn't avoid probate for estates over $208,850. Most homeowners pair a living trust with a pour-over will.
An attorney-prepared revocable living trust, pour-over will with guardianship nomination, financial and healthcare powers of attorney, advance healthcare directive and HIPAA release, notarization, deed transfer of your home into the trust, and funding guidance.
Most clients complete their entire living trust in about 2–3 weeks, from the first call to signing.
Yes. Kristi offers in-home appointments throughout San Diego County and nearby areas, plus virtual consultations and signing for clients anywhere she serves.
Living trusts are available in every state except Louisiana, prepared with vetted attorneys who know each state's laws.
Documents are prepared by licensed attorneys. Living Trust Advisor is not a law firm; legal advice is provided only by a licensed attorney.
Transferring your home into your own revocable living trust typically does not trigger a Prop 13 reassessment in California.
Yes. A revocable living trust can be amended or revoked at any time while you're living and competent. We recommend reviewing it after major life events.
Funding means retitling assets — like your home and bank accounts — into the name of the trust. An unfunded trust doesn't avoid probate, which is why funding guidance and the deed transfer are included.
Once a child turns 18, parents lose automatic authority over medical and financial matters. A young adult healthcare and financial POA lets a trusted parent step in during an emergency.
Kristi Day is a San Diego-based Living Trust Advisor who helps individuals and couples set up living trusts and complete estate plans. She meets clients in their homes across San Diego County, works with licensed attorneys who prepare the documents, and has completed over 30 hours of continuing education in estate planning.
A Living Trust Advisor guides you through the whole estate planning process: explaining your options, gathering your information, coordinating attorney-prepared documents, handling signing and notarization, and helping move your home and accounts into the trust so it actually avoids probate.
Kristi offers in-home appointments throughout San Diego County, including San Diego, Escondido, Chula Vista, Carlsbad, Oceanside, La Mesa, El Cajon, Poway and Encinitas, plus Temecula in Riverside County. Virtual service is available in every state except Louisiana.
Request a free consultation or call (858) 519-2297. If you're ready, you can also get started online.
Still have a question? Ask Kristi directly or see the probate cost calculator.
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