California Estate Planning Law
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California Estate Planning Lawyer Referral and Information Service
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Last updated: May 2026 — Reflects California Probate Code provisions, 2026 federal estate tax exemption, and Medi-Cal asset transfer rules in effect as of January 1, 2026. Authored by JC Serrano, Founder — LRIS #0128.
Without a valid estate plan, California law — not your wishes — determines what happens to your assets when you die. The California Probate Code governs the distribution of estates that pass through probate, a court-supervised process that is both time-consuming and expensive.
California probate fees are set by statute under Probate Code § 10810 and are calculated as a percentage of the gross estate value — not the net. A $1 million estate triggers approximately $46,000 in statutory attorney and executor fees, regardless of outstanding debts or mortgages.
A properly structured estate plan — centered on a revocable living trust — avoids probate entirely, keeps the estate administration private, and allows assets to pass to beneficiaries immediately upon death without court involvement.
For more details, visit our California Probate Guide.
The Core Documents of a California Estate Plan
Revocable Living Trust
A revocable living trust is the cornerstone of California estate planning for most individuals with real property. Unlike a will, a trust avoids probate — the trust holds title to your assets during your lifetime and transfers them to your named beneficiaries at death without court involvement. The trust is revocable, meaning you retain full control to amend or revoke it at any time during your lifetime.
California Probate Code § 15200 et seq. governs the creation and administration of trusts. A properly drafted trust must be signed, dated, and notarized. Real property must be formally transferred into the trust by recording a new grant deed — failure to fund the trust is one of the most common estate-planning errors and can inadvertently force the estate into probate despite the trust's existence.
Will
A will — formally called a Last Will and Testament — is a legal document directing how your property should be distributed at death and naming a guardian for minor children. In California, a valid will must be signed by the testator in the presence of two witnesses who are not named beneficiaries under Probate Code § 6110.
A will alone does not avoid probate — any asset titled solely in your name at death that exceeds $184,500 (the current California small estate threshold) must pass through probate if there is no trust or beneficiary designation in place. Most California estate planning attorneys use a will as a "pour-over" document in conjunction with a living trust, directing any assets inadvertently left outside the trust to flow into it at death.
Durable Power of Attorney
A durable power of attorney designates a person — your agent — to manage your financial affairs if you become incapacitated. "Durable" means the power survives your incapacity, unlike a standard power of attorney which terminates if you become mentally incompetent. California's statutory durable power of attorney form is set forth in Probate Code § 4401.
Without a durable power of attorney, a family member who needs to manage your finances during incapacity must petition the Superior Court for a conservatorship — a costly, time-consuming, and public proceeding that a simple legal document prevents entirely.
Advance Health Care Directive
An advance health care directive — sometimes called a living will or health care proxy — designates a health care agent to make medical decisions on your behalf if you are unable to do so, and documents your wishes regarding life-sustaining treatment. California's statutory form is governed by Probate Code § 4701 and must be signed by two witnesses or notarized.
Without a valid advance health care directive, medical providers may be unable to accept instructions from family members and may be required to pursue all available life-sustaining measures regardless of the patient's actual wishes.
Special Needs Trust
A special needs trust — also called a supplemental needs trust — holds assets for a beneficiary with a disability without disqualifying them from needs-based government benefits such as Medi-Cal and Supplemental Security Income (SSI). California Welfare and Institutions Code § 3604 governs the establishment of special needs trusts.
Leaving assets directly to a beneficiary with a disability through a standard will or trust can inadvertently terminate their eligibility for government benefits. A properly drafted special needs trust ensures that the beneficiary receives inherited assets as a supplement to — not a replacement for — their eligibility for benefits.
Medi-Cal Planning
Medi-Cal — California's Medicaid program — covers long-term care costs for qualifying individuals. However, California's Medi-Cal recovery program under Welfare and Institutions Code § 14009.5 allows the state to seek reimbursement from the estates of deceased Medi-Cal recipients for benefits paid after age 55.
Advance Medi-Cal planning — typically involving irrevocable trusts, asset transfers, and careful structuring — can preserve assets for beneficiaries while maintaining or establishing Medi-Cal eligibility. The rules governing Medi-Cal asset transfers are complex and carry look-back periods that require planning years in advance of anticipated need. This is a specialized area requiring an attorney with specific experience in Medi-Cal and long-term care planning.
The 2026 Federal Estate Tax Exemption
The federal estate tax applies to estates exceeding the applicable exclusion amount — currently $13.99 million per individual ($27.98 million for married couples) for 2026 under the Tax Cuts and Jobs Act of 2017. This elevated exemption is currently scheduled to sunset on January 1, 2026, potentially reverting to approximately $7 million per individual (adjusted for inflation) unless Congress acts.
Individuals with estates approaching these thresholds should consult with an estate planning attorney now to implement strategies — including irrevocable trusts, GRATs, and annual gifting programs — before any exemption reduction takes effect.
California has no separate state estate or inheritance tax.
When to Update Your Estate Plan
An estate plan is not a one-time document. California residents should review and potentially update their estate plan after any of the following events:
Marriage or divorce — California's community property rules significantly affect asset distribution, and a divorce does not automatically revoke a trust or will. Birth or adoption of a child — minor children require a designated guardian named in a will, and trust provisions may need updating.
Death of a named trustee, executor, agent, or beneficiary. Significant change in asset value or composition. Purchase or sale of real property. Move to or from California — other states' estate planning documents may not comply with California law. Federal or state law changes affecting estate or gift tax.
Frequently Asked Questions — California Estate Planning
Do I need a trust or a will in California?
Most California residents with real property benefit from a revocable living trust rather than a will alone. A trust avoids probate — the court-supervised distribution process that applies to wills — keeping the estate administration private and allowing assets to transfer immediately at death without court involvement. A will alone subjects any asset titled in your name at death exceeding $184,500 to probate under California Probate Code § 13100. Many estate plans use both — a trust as the primary vehicle and a pour-over will as a backstop for any assets inadvertently left outside the trust.
How much does estate planning cost in California?
A foundational estate plan — revocable living trust, pour-over will, durable power of attorney, and advance health care directive — typically costs between $1,500 and $4,000 for a single individual and $2,500 to $6,000 for a married couple depending on complexity and the attorney's market. This is a fraction of the probate fees triggered by an unplanned estate. California statutory probate fees on a $1 million gross estate total approximately $46,000 in combined attorney and executor compensation under Probate Code § 10810.
What happens if I die without a will or trust in California?
Your estate passes by intestate succession under California Probate Code § 6400 et seq. Community property passes to your surviving spouse. Separate property is distributed according to a statutory formula based on surviving relatives — spouse, children, parents, siblings — in a fixed priority order regardless of your actual wishes. Without a will, you cannot designate a guardian for minor children, name your preferred executor, or leave assets to friends, unmarried partners, or charities.
Can I write my own will in California?
California recognizes holographic wills — wills entirely handwritten and signed by the testator — under Probate Code § 6111. No witnesses are required for a holographic will. However, handwritten wills are frequently challenged for ambiguity, incomplete execution, or questions about the testator's capacity, and they offer no protection against probate. A properly drafted attorney-prepared will combined with a revocable living trust is the recommended approach for most California residents.
What is a successor trustee and what do they do?
A successor trustee is the person or institution named in your revocable living trust to administer the trust after your death or incapacity. During your lifetime, you typically serve as your own trustee. Upon death or incapacity, the successor trustee steps in to manage trust assets, pay debts and taxes, and distribute assets to beneficiaries according to the trust terms — without court involvement. Choosing a successor trustee who is organized, trustworthy, and willing to serve is one of the most important decisions in the estate planning process.
Does a trust protect assets from creditors in California?
A revocable living trust does not protect assets from creditors during your lifetime — because you retain full control over the trust assets, creditors can reach them. Irrevocable trusts, properly structured, can provide creditor protection for assets transferred into them, subject to California's fraudulent transfer rules under the Uniform Voidable Transactions Act (Cal. Civ. Code § 3439 et seq.). Medi-Cal recovery can reach assets in a revocable trust after death but generally cannot reach assets properly transferred to an irrevocable trust subject to applicable look-back periods.
DISCLOSURE: 1000Attorneys.com is a California State Bar–certified Lawyer Referral and Information Service (LRIS #0128), accredited by the American Bar Association. Attorney referrals are provided for general legal matters. We do not provide legal advice. The content on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Estate planning is highly fact-specific. Consult a qualified California estate planning attorney before making any decisions about your estate plan.
California Estate Planning Lawyer Referrals.
1000Attorneys.com is a California State Bar Certified Lawyer Referral and Information Service operating under LRIS Certificate No. 0128, accredited by the American Bar Association, and continuously certified since 2005.
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A State Bar Certified Lawyer Referral Service operates under specific authority — Business and Professions Code § 6155, Rule 3.800 of the California Rules of Court, and the State Bar's Minimum Standards for a Lawyer Referral Service.
These standards govern how attorneys are screened, how referrals are routed, and how client complaints are handled. Non-certified matching platforms and lead-generation services are not authorized to operate under this framework.
Most Californians searching for an estate planning attorney encounter paid advertising first — sponsored search results, document preparation services marketed as legal advice, and lead-generation platforms that sell contact information to multiple competing firms.
Each of these channels is, by design, biased toward the firms that pay the most to be visible. Visibility is not the same as qualification. In estate planning, an improperly drafted trust or will can cost a family far more in probate fees and litigation than the cost of qualified legal counsel.
Inbound inquiries to 1000Attorneys.com pass through structured intake that captures the specific estate planning need, the approximate value and composition of the estate, whether a prior plan exists and needs updating, whether there are minor children or special-needs beneficiaries, and whether Medi-Cal planning or business succession is involved.
Each qualified inquiry is assigned to a single panel attorney on a rotation basis — not auctioned, not sold, not distributed to multiple competing firms simultaneously. The attorney accepts under independent retainer terms or declines.
The referral itself is free.
There is no charge to consumers. Initial consultations with the referred attorney are typically conducted at no cost or at the State Bar–authorized nominal rate.
California estate planning representation is typically handled on flat-fee arrangements for foundational documents — wills, revocable living trusts, powers of attorney, and advance health care directives.
Complex matters involving irrevocable trusts, Medi-Cal planning, or business succession are more commonly handled on hourly or project-fee arrangements. Fee structure is negotiated directly between the client and the referred attorney under independent retainer.
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