Maybe you just watched a friend spend months in probate court over a parent’s house. For many homeowners a will alone isn’t enough, which is why choosing between a trust or will in California matters.
The estate planning team at Quinn & Dworakowski, LLP, led by attorney Shanshan “Sophy” Han, prepares both for Orange County families in English and Chinese.
What Does a Will Do in California?
A will names your heirs and executor, and it’s the usual place to nominate a guardian for minor children. A will by itself doesn’t skip court. Only small estates, or assets that pass outside the will, can avoid it. Above the small estate limits, the executor generally has to open a public probate case, and creditors usually get at least four months to file claims. For a modest estate, a California trust and will attorney may say a will is enough.
How Much Does Probate Cost in California?
Probate fees are set by law and based on gross value, not equity. Under California Probate Code § 10810, the attorney’s standard fee on a $1 million estate is $23,000, and the executor can claim the same, for $46,000 before court costs, even with $600,000 left on the mortgage. Our team can run those numbers for your assets.
Why the 2025 Small Estate Changes Rarely Help Orange County Homes
Assembly Bill 2016 created a simpler petition under Probate Code § 13151 for a primary residence worth up to $750,000 in gross value, per the Judicial Council’s form DE-300. Zillow put the typical Orange County home at about $1.18 million in August 2026, so most homes here are over the line.
When Does a Living Trust Make Sense in California?
A revocable living trust lets your chosen successor trustee transfer trust assets without probate and manage them if you become incapacitated, without a court conservatorship. The catch is funding. A house still deeded in your own name can land in court anyway. A pour-over will sends leftovers to the trust (though they may still need probate), so a California trust and will attorney should check your deeds and account titles, not just draft documents.
Frequently Asked Questions
Does a living trust lower my estate taxes?
Not by itself. California has no estate tax, and the Internal Revenue Service (IRS) sets the 2026 federal exemption at $15 million per person. Larger estates need planning beyond a basic trust.
Do I need a trust if my home is in joint tenancy with my spouse?
Maybe. The California Courts Self-Help Guide confirms a surviving joint tenant takes the property without formal probate. The gap shows up after the second spouse dies.
Quinn & Dworakowski, LLP: Your Estate Planning Law Firm
For many Orange County homeowners, the practical answer is a trust backed by a pour-over will, with the house titled correctly the day you sign, ensuring the plan actually works when it matters most. Contact our firm today to talk through what you own and who you want to protect.
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