YOUR QUESTIONS, ANSWERED CLEARLY
Estate Planning FAQs for Orange County
Confused about wills, trusts, or probate? Michael Pevney breaks down the most common estate planning questions with clear, straightforward answers tailored for California families.
Frequently Asked Questions
Find answers to common estate planning questions from local families just like yours.
At what age should I start an estate plan in California?
Start at age 18 with a will and healthcare directive. Update after marriage, children, or buying property, and consider moving up to a Living Trust.
Do I really need an attorney for estate planning in Orange County?
Yes. Only attorneys provide legal advice and file deeds properly. Online forms and DIY usually don’t prevent probate.
What happens if I die without an estate plan in California?
State intestacy laws decide who inherits. This often leads to probate, delays, and high costs averaging around $50,000,
How often should I review or update my estate plan?
Every 3–5 years with your lawyer or after major life events like marriage, divorce, or property purchase.
How does estate planning help avoid probate in California?
Living Trusts, joint ownership, and beneficiary designations can bypass probate, saving time and money.
Can estate planning reduce estate taxes in California?
Yes. Strategies such as trusts, charitable donations, and lifetime gifts can minimize estate taxes and preserve wealth for your heirs.
What documents are included in a complete estate plan in California?
A comprehensive plan often includes a living trust, will, power of attorney, healthcare directive, HIPAA release, and guardianship nominations for minor children.
How much does estate planning cost in Orange County?
Basic plans start near $2,500. Plans with trusts with help of a good lawyer range $3,000–$5,500+.
Can estate planning protect my family’s privacy?
Yes. Trusts keep financial matters private, unlike public probate proceedings.
What does an estate planning attorney do in California?
Drafts valid documents, ensures compliance, gives high quality legal advice and designs strategies to avoid probate and taxes.
Is estate planning only for wealthy families?
No. Every adult benefits, even with modest assets or only healthcare decisions.
Can estate planning help with blended families in Orange County?
Yes. Trusts and proper designations prevent disputes and ensure fair treatment for all children and spouses.
What is a revocable living trust, and why is it common in California?
It lets you control assets during life and transfer them after death without expensive and time consuming probate.
Do I still need a will if I have a trust?
Yes. A simple “pour-over will” transfers leftover assets into your trust.
How much does it cost to set up a living trust in Orange County?
Plans with trusts often cost $3,000–$5,000, far less than probate fees (an average of $50,000).
Can a living trust protect me from creditors in California?
A revocable living trust does not shield assets from creditors. Step one for creditor protection is always a good insurance policy including umbrella insurance.
How long does it take to create a trust?
With a lawyer, about 6–8 weeks or less from consultation to signing.
What happens if I don’t transfer assets into my trust?
They may go through probate. Funding the trust with real estate and other assests is essential.
Can I change or revoke my trust later?
Yes. Revocable trusts can be changed anytime while you are competent.
Who should serve as trustee in California?
Spouse, responsible adult child, trusted advisor, or a professional trustee for complex estates.
What’s the difference between a revocable and irrevocable trust?
Revocable trusts can change; irrevocable trusts are permanent but may offer more protection.
Do trusts work for blended families in Orange County?
Yes. Trusts let you direct assets fairly between current spouses and kids from a prior relationship.
Can a living trust help with Medi-Cal planning in California?
Yes. Certain trusts may protect assets while keeping Medi-Cal eligibility.
Do I need to notarize my living trust in California?
Yes, notarization validates the trust and simplifies property transfers.
What is probate in California?
Court-supervised process to distribute assets, validate wills, and pay debts. It’s expensive and takes a long time.
How long does probate take in Orange County?
Usually 12–18 months; contested cases can take years.
How much does probate cost in California?
A $1M estate can exceed $46,000 in statutory fees plus court costs.
Can probate be avoided?
Yes. Tools like living trusts, joint ownership, and payable-on-death accounts can bypass probate in California.
Does every estate require probate?
No. Estates under California’s small estate threshold (208,850 in 2025) may qualify for simplified transfer.
What happens if someone dies without a will in California?
California intestacy laws apply; the court decides heirs.
How are probate fees calculated in California?
Fees are based on the gross value of the estate, not debts. This can significantly increase costs for families.
Can probate be contested in California?
Yes. Heirs may challenge a will’s validity, executor actions, or asset distributions, leading to longer, more expensive proceedings.
What role does the probate attorney play?
The attorney handles filings, court appearances, asset appraisals, and ensures compliance with California probate law.
Can probate delay inheritance in Orange County?
Yes. Probate delays can keep heirs waiting months or years for distributions. Trust-based planning avoids this problem.
How public is the probate process?
Yes. Probate records are public in California.
What happens to debts during probate?
Creditors are paid first, reducing the estate available for heirs.
What’s the main difference between a will and a trust?
Wills transfer assets after death through probate; in California, trusts transfer assets privately.
Do I need both a will and a trust in California?
Often yes. A trust avoids probate, while a pour-over will ensures no assets are left out.
Can I handwrite a will in California?
Yes, holographic (handwritten) wills are legal but risky and often fail in court.
Does a will in California need witnesses?
Yes, two witnesses are usually required. Notarization is not required.
Can wills and trusts be challenged in court?
Yes. Disputes often arise over capacity, undue influence, or ambiguous wording.
How do wills and trusts affect probate?
Wills go through probate, while trusts typically bypass it, saving time and money.
Which is better for privacy in California?
Trusts, since they avoid the public probate process.
How do wills and trusts affect taxes?
Trusts can be structured to reduce estate taxes, while wills alone generally do not.
Can wills and trusts cover digital assets?
Yes, you can include digital property like online accounts, cryptocurrency, and intellectual property.
How soon should I create a will or trust in California?
The earlier, the better, especially after buying property or having children.
Can I update my will or trust in California?
Yes. Updates are essential after major life changes such as marriage, divorce, or relocation.
Who should be the executor or trustee?
Choose someone responsible, trustworthy, a good friend, a responsible adult child, in complex cases, a professional fiduciary.
What is a power of attorney in California?
A legal document that lets you appoint someone to handle financial decisions if you cannot.
What types of power of attorney exist?
Financial and Healthcare (called an Advance Healthcare Directive in California)
Do I need a power of attorney if I already have a trust?
Yes. A trust manages assets, but a power of attorney covers decisions outside of the trust, like bank accounts, while you are alive.
Who should I appoint as my power of attorney?
A spouse, adult child, or close friend—someone responsible and willing to act in your best interests.
Can I have multiple powers of attorney in California?
Yes. You can assign different people for healthcare and financial matters.
Can I revoke or change my power of attorney?
Yes, as long as you’re mentally competent. Updates are important after major life changes.
Do powers of attorney expire in California?
Durable powers of attorney remain effective even if you become incapacitated; others may expire at set times.
What happens if I don’t have a power of attorney?
Your family may need to petition California courts for conservatorship, a costly and time-consuming process.
Do powers of attorney need to be notarized in California?
Yes. For financial powers of attorney, notarization or two witnesses are required.
Can a power of attorney prevent disputes in California?
Yes. It clarifies decision-making authority, reducing conflict among family members.
Can a power of attorney cover medical emergencies?
Yes. A healthcare power of attorney ensures doctors follow your wishes during critical care.
How much does it cost to create a power of attorney in Orange County?
Costs vary but generally range from $200–$500 when prepared by an attorney.
Still Have Questions About Estate Planning?
Get clear, personalized answers tailored to your family’s needs. Schedule a free consultation with Michael today.