How much does California probate actually cost?

California sets statutory fees by Probate Code §10810 on the gross value of the estate — not the equity. For an $800,000 home with a $400,000 mortgage, fees are calculated on the full $800,000: roughly $19,000 in attorney fees plus another $19,000 in executor fees, before court costs, appraisals, and bonds.

How long does probate take vs. trust administration?

California probate routinely takes 9–18 months; contested matters stretch past two years. A trust administration handled cleanly typically wraps in 6–12 months and keeps everything out of court and out of the public record.

Is a will ever enough on its own?

For renters with modest financial accounts and named beneficiaries on everything, a will plus beneficiary designations can be enough. The moment California real estate enters the picture, the math changes — and a trust almost always wins.

What about a 'small estate' affidavit?

California's small-estate affidavit (Probate Code §13100) avoids probate, but only when the non-real-property estate is under $184,500 and no real property over $61,500 is involved. Most Sherman Oaks homeowners blow past those limits on the house alone.

Does a living trust protect me from creditors or estate tax?

No on both counts. A revocable living trust is a probate-avoidance and privacy tool, not an asset-protection or tax-shelter tool. Federal estate tax doesn't kick in until well above $13 million per person (2025); California has no state estate tax.

Living Trust vs. Will in California

What each one actually does

A will is a set of instructions for a probate judge. It only takes legal effect after you die, and a court has to admit it, supervise it, and approve every major step before assets reach your beneficiaries.

A revocable living trust is a private legal container you create while you're alive. You transfer your house and major accounts into it; you continue to use them exactly as before. When you pass away (or become incapacitated), a successor trustee distributes everything according to the trust — without any court involvement.

The California probate math

California is unusual: statutory probate fees under Probate Code §10810 are calculated on the gross value of the estate — not the equity. The mortgage doesn't reduce the fee.

For a Sherman Oaks home appraised at $1,200,000 with a $500,000 mortgage, statutory fees run roughly $25,000 in attorney fees plus another $25,000 in executor fees, before court costs, appraiser fees, and any required bond. A funded trust avoids essentially all of that.

Timeline and privacy

California probate typically takes 9 to 18 months, and a contested matter can pass two years. Every filing is public — the will, the inventory, the names and shares of every beneficiary.

A trust administration handled correctly usually wraps in 6 to 12 months, stays entirely out of court, and never appears on a public docket.

When a will is enough

A will-only plan works for renters with modest financial assets, when every account already has a named beneficiary or POD designation, and there's no California real estate to worry about. The moment a house enters the picture, the math tips heavily toward a funded trust.

The honest tradeoffs

A trust costs more to set up than a simple will and requires actually funding it — re-titling the deed, updating account ownership. Many California homeowners pay a lawyer to draft a trust and then never transfer the house into it, which leaves the family in probate anyway. This is the single most common avoidable mistake William sees in fifty years of practice.

Frequently asked questions

In California, often yes. A will alone usually sends a homeowner's estate through probate — a public, court-supervised process that commonly takes 9–18 months and costs 4–7% of the gross estate in statutory fees. A funded living trust skips probate entirely.

Living trust vs. will in California.