California Estate Planning FAQ

Do I need a will or a trust?

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.

What does estate planning cost?

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.

What happens if I die without an estate plan in California?

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.

What is probate, and how can I avoid it?

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.

Does my estate qualify for a simplified process instead of full probate?

California allows smaller estates to use a simplified small estate affidavit process instead of full probate, as long as the total qualifying personal property falls under a threshold set by state law — which is adjusted periodically for inflation. There’s also a separate, higher threshold that can apply specifically to a primary residence. Because these thresholds change and the calculation rules can be technical (for example, they’re based on gross value, not what you still owe on an asset), it’s best to have your specific situation reviewed rather than relying on a number you’ve seen online.

What’s the difference between a will and a trust?

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.

What is a Power of Attorney, and do I need one?

A Power of Attorney (POA) lets you name someone you trust to make financial and legal decisions on your behalf if you’re unable to. Without one, your loved ones may need to petition a court for conservatorship — a costly, time-consuming, and public process — just to pay your bills or manage your finances if you become incapacitated.

What is an Advance Health Care Directive?

An Advance Health Care Directive lets you name someone to make medical decisions on your behalf if you can’t, and lets you document your wishes about the kind of care you do or don’t want. It’s one of the most important documents for making sure your voice is heard, even if you can’t speak for yourself.

If I name guardians in my will, is that enough?

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.

I don’t own a home — do I still need estate planning?

Yes. Estate planning isn’t only about real estate. It covers who makes decisions for you if you’re incapacitated, who cares for your minor children, how your bank accounts and personal property are distributed, and what happens to things like retirement accounts, life insurance, and even digital assets. If you have minor children, guardianship planning alone is a compelling reason to have a plan in place.

How often should I update my estate plan?

As a general guideline, review your estate plan every few years and after any major life event — marriage, divorce, the birth or adoption of a child, a significant change in assets, moving to a new state, or the death of a named executor, trustee, or guardian.

What’s the difference between estate planning for parents and for business owners?

Business owners have additional considerations beyond family estate planning — like what happens to the business if something happens to them, how to protect personal assets from business liabilities, and how to handle co-ownership situations. We offer dedicated business succession and asset protection planning alongside personal estate planning. [Learn more about our business law services →]

Do you serve clients outside of Santa Barbara?

Yes. While Peace of Mind Planning is based in Santa Barbara, we serve families and business owners throughout California, with much of our process handled conveniently online and via Zoom.

What happens during the Peace of Mind Planning Strategy Session?

Your Strategy Session is a one-on-one conversation where we discuss your goals, walk through your options (including will vs. trust), and review our process and flat-fee pricing so you know exactly what to expect. If we’re a good fit to work together, we’ll talk next steps — and if not, that’s okay too. Either way, you’ll leave with real clarity about what you need. Book your session →