Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Probate can be one of the most stressful and time-consuming parts of settling an estate. In California, the court process can easily take a year or more, freezing access to assets and creating added costs, paperwork, and emotional strain for families who are already grieving.
The good news is that most probate cases are completely avoidable with a well-prepared and maintained estate plan.
At Pevney Estate Planning, we meet with families across Orange County who want to protect their loved ones but feel unsure about how probate really works or why it happens even when they think they have a plan in place.
By understanding these common mistakes, you can make sure your own plan works smoothly and privately, just as you intend.
Here are the top five reasons Californians still end up in probate and what you can do to prevent it.
A living trust is one of the most effective ways to avoid probate in California, but it only works if it is properly funded.
Funding your trust means changing ownership of your property and accounts so that the trust, not you personally, holds title. Many people sign their trust documents but never complete this crucial step. As a result, their homes, savings, or investments remain in their personal name and must still go through probate when they pass away.
How to avoid it:
After creating your trust, retitle your real estate deeds, bank accounts, and investment assets in the name of the trust. You should also make sure any new accounts or properties are added later.
At Pevney Estate Planning, we personally walk every client through this process so their plan truly works when it is needed most. We even provide guidance on how to fund new accounts in the future, so your trust always stays complete.
Your life changes over time, your estate plan should too. One of the most common and costly mistakes families make is failing to update beneficiary designations.
Life insurance policies, retirement accounts, and even some bank accounts allow you to name beneficiaries. But if those names are outdated or those individuals have passed away, the asset could revert to your estate and end up in probate.
It happens more often than you might think. For example, a client might have named their parents when they first started working, or an ex-spouse before they remarried. Years later, the beneficiary list never changed, which can lead to painful and unintended outcomes.
How to avoid it:
Review your beneficiaries every few years or after any major life event such as marriage, divorce, or the birth of a child. Keeping your designations current ensures that your assets go directly to your chosen loved ones — without a court’s involvement.
Joint ownership can seem like a simple solution to avoid probate, especially for married couples. In California, joint tenancy with right of survivorship allows the surviving spouse to automatically inherit property when the other passes away.
However, the problem comes later. When the surviving spouse passes, that property must go through probate unless it is placed in a trust. This often surprises families who believed joint ownership alone provided full protection.
It can also become risky if joint ownership involves someone other than a spouse, such as an adult child or business partner, because it can expose the property to their personal liabilities or create conflict later.
How to avoid it:
Transferring property into a revocable living trust offers stronger, long-term protection. The trust keeps ownership under your control while ensuring the property passes privately and directly to your chosen heirs, without court delays.
If you leave assets directly to a minor or a beneficiary who passes away before you, those assets could end up in probate court. The court must appoint a guardian or conservator to manage the funds until the child becomes an adult, which can be a long and expensive process.
Even well-meaning plans like “everything to my children” can create problems if the documents are not structured carefully. Without clear instructions, a judge must decide who manages those funds and when your children receive them.
How to avoid it:
Instead of naming an individual, you can name your living trust as the beneficiary for life insurance, investment accounts, or retirement plans. This allows you to set clear, customized terms. For example, releasing funds for education, a home purchase, or at specific ages.
This approach ensures your children are cared for and financially supported under your guidance, without the need for court involvement.
A will is an important part of any estate plan, but in California, it does not keep your family out of probate. State law requires that wills be submitted to the probate court for validation and administration, regardless of how simple they may seem.
Families often assume that having a will is enough, only to discover that it triggers a lengthy and public process, complete with attorney fees, court oversight, and delayed access to assets.
How to avoid it:
A revocable living trust allows your property and assets to transfer privately and efficiently to your beneficiaries, without court supervision. When paired with current beneficiary designations and properly funded assets, it gives you full peace of mind knowing your family is protected.
Even the best estate plan can lose effectiveness if it is not updated regularly. Major life events like marriage, moving homes, the birth of a child, or retirement can all affect how your plan works.
At Pevney Estate Planning, we recommend reviewing your plan every three to five years to confirm that all assets are funded, beneficiaries are current, and your wishes are still clear.
We help families throughout Laguna Hills, Irvine, Mission Viejo, and across Orange County make sure their estate plans continue to reflect their lives and protect what matters most.
Probate can take away time, privacy, and financial resources from the people you love. The right plan ensures your family avoids those burdens and allows your legacy to pass smoothly, privately, and according to your wishes.
If you live in Orange County or the surrounding communities, now is the perfect time to review or update your estate plan.
Schedule your 30-minute consultation or call (949) 377-2996 to book your free review with Michael Pevney today.
