It depends on your goals, assets, and family situation. A will directs how your assets are distributed but generally must go through probate. A revocable living trust, if properly funded, allows your assets to pass to your beneficiaries without going through probate — which is typically faster, more private, and less expensive for your family. Many California families use both a trust and a “pour-over” will as a backup. During your Strategy Session, we’ll walk through your specific situation to determine what’s right for you.

At Peace of Mind Planning, our will-based estate plans start at $3,500, and our trust-based estate plans start at $4,000. We use flat-fee pricing, so you’ll know your exact cost upfront before you commit — no hourly surprises. Your $500 Strategy Session fee is credited toward your plan if you decide to move forward.

If you die without a will or trust, California’s intestate succession laws determine who inherits your assets — which may not match what you would have chosen. Your estate will likely go through probate, a public court process that can take a year or more and cost your family thousands of dollars in fees. If you have minor children, a court — not you — will decide who becomes their guardian, unless you’ve legally nominated someone in advance.

Probate is the California court process for validating a will (or handling an estate with no will) and distributing assets. It’s typically public, can take 12–18 months or longer, and involves court fees plus attorney fees. A properly funded revocable living trust allows most or all of your assets to pass directly to your beneficiaries without probate. Certain smaller estates may also qualify for simplified procedures under California’s small estate rules.

A will is a legal document that states how you want your assets distributed and who should care for your minor children, but it must go through probate court to take effect. A trust is a legal entity that holds your assets during your lifetime and directs how they’re distributed after your death — typically without probate, since the trust (not you individually) legally owns the assets once it’s funded.

Naming guardians in a will (or a separate guardianship nomination) is important, but it’s not automatic protection — a court still has to confirm the nomination if the need arises. It’s also important to name guardians formally in a legal document; simply telling family members verbally, or assuming godparents automatically have legal authority, does not hold up legally in California.