Most California families know they “should” have a will or trust, but they keep putting it off. Here are five practical reasons to get it done, based on California law and what I see when I notarize estate planning documents for families across Southern California.
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1. You decide who gets what
Without a will or trust, California’s intestate succession laws decide who inherits, based only on family relationships. The California Attorney General calls those laws complicated. A will or trust lets you choose your beneficiaries, leave specific items to specific people, and include friends or charities.
2. A trust can keep your family out of probate
Probate is the court process for transferring a person’s assets after death. In California, attorney fees for ordinary probate are set by Probate Code §10810: 4% of the first $100,000 of the estate, 3% of the next $100,000, and 2% of the next $800,000. For an $800,000 estate, that is $19,000 in attorney fees alone. The executor can also be paid on the same schedule. These amounts are based on the gross value of the estate, not your equity, so a mortgage does not lower them.
Only small estates can skip probate with a simple affidavit. For deaths on or after April 1, 2025, the limit is $208,850, according to the Sacramento County Public Law Library. With home values in Southern California, most homeowners are far above that. Assets in a properly funded living trust generally pass without probate.
3. You can name who raises your children
A will is where you nominate a guardian for minor children. Without one, a court decides. You can also use a trust to manage money for children until they are old enough to handle it.
4. Your family is protected if you can’t make decisions
Estate planning is not only about death. If you become incapacitated, a successor trustee can manage trust assets, and a durable power of attorney and advance health care directive let people you trust handle your finances and medical decisions. Without them, your family may have to go to court for a conservatorship.
5. Your affairs stay private
Probate is a public court process, so filings in the case can become part of the public record. Trust administration generally happens outside of court, which keeps your family’s finances more private.
Don’t forget the details that make a plan work
- Signing correctly. A California will needs two adult witnesses. Trust signatures are typically notarized, and a deed transferring your home into the trust must be notarized before it can be recorded. See our estate planning notary service.
- Funding the trust. A trust only avoids probate for assets that are actually titled in the trust or pass to it.
- Matching beneficiaries. Life insurance and retirement accounts pass by beneficiary designation, not by your will. Read 5 Things People Get Wrong About Life Insurance.
Learn more on our Will and Trust Planning page.
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Frequently Asked Questions
What happens if I die without a will in California?
Your assets are distributed under California intestate succession law to relatives based on family relationship, unless they pass another way, such as by beneficiary designation or joint ownership.
How much does probate cost in California?
Statutory attorney fees under Probate Code §10810 are 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000. An $800,000 estate means $19,000 in attorney fees, and the executor may be paid on the same schedule.
What is the California small estate limit?
For deaths on or after April 1, 2025, estates up to $208,850 can generally use the small estate affidavit instead of full probate.
Does a California will need to be notarized?
No. A California will needs two adult witnesses. Trust documents and deeds transferring property into a trust are typically notarized.
Last updated October 2026. This article is general education, not legal advice. Wet Ink Notary LLC is not a law firm. For advice about your situation, consult a California estate planning attorney.