As a California resident, should I have a trust?

Revocable living trusts are especially common in California, more so than in many other states. The primary reason is simple: avoiding probate in California can save time and money.

California has a statutory attorney fee structure for probate that is based on the gross value of the estate, not the net value. This means fees are calculated before subtracting debts like mortgages. For example, an estate worth $1 million can generate tens of thousands of dollars in combined attorney and executor fees. A properly funded trust allows assets to pass outside of probate, avoiding these costs.

California probate often takes 12-24 months, and sometimes longer. During this period, assets may be tied up in court proceedings with close review by a probate examiner, appraisals by probate referees, and other court oversight, which can delay distributions to beneficiaries. Trust administration is typically faster and more efficient.

Probate proceedings in California are public. This means that the value of the estate, the assets involved, and the identities of beneficiaries can become part of the public record. A trust allows families to keep these details private. Many Californians own high-value real estate or financial assets and broadcasting that information to the public is uncomfortable. Placing real property in a trust helps ensure it can be transferred without court involvement and without disclosure of wealth.

In California, revocable living trusts are widely used because they provide a practical way to avoid a costly and time-consuming probate process, while also offering privacy and continuity. For many individuals and families, a trust is less about tax planning and more about efficient administration and cost control.