Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Home » Will vs Trust in California: When Each Makes Sense as Your Primary Estate Planning Document
Not every estate plan requires the same approach. The real question is whether a will alone can meet your goals or whether a trust is necessary to fully protect your family and assets.
The confusion is understandable. Many people assume a will avoids probate or that trusts are only for wealthy families. In California, neither assumption is accurate.
I am Michael Pevney, an estate planning lawyer based in Orange County, California. I create estate plans for families across the state, both in person and remotely. In this article, I clearly explain the difference between a will and a trust, when each may be appropriate, and why the majority of California families ultimately benefit from a revocable living trust as their primary estate planning document.
A will is a legal document that states where your property should go after you pass away. It can also:
A will gives you control over who inherits your assets. However, it does not avoid probate.
This is one of the most misunderstood aspects of estate planning.
In California, a will must be submitted to the probate court after death. Probate is a court supervised, judge approved asset distribution process.
That means:
For most California homeowners, probate costs range between $30,000 and $50,000 for an average home. These fees are calculated based on the gross value of the estate, not equity.
You can review the California probate process directly from the state courts here:
https://www.courts.ca.gov/selfhelp-probate.htm
To understand why probate often takes so long, see:
https://ocestateplanlawyer.com/why-probate-takes-so-long-in-california/
A will can be an appropriate primary estate planning document in very specific situations.
A will may make sense if all of the following apply:
For example, someone who rents, receives Social Security or a pension, and holds assets entirely in beneficiary designated accounts may not need a trust.
Beneficiary designations on accounts like retirement plans, life insurance, and bank accounts pass outside of probate as long as the beneficiary is alive and properly listed.
Even if a will is your primary estate planning document, it should never stand alone.
Every adult should also have:
A durable financial power of attorney allows someone you trust to manage your finances if you become incapacitated. Without this document, your family may be forced into a court conservatorship.
In California, an advance health care directive allows you to:
These documents allow you to stay out of court while alive, just as much as a trust helps your family avoid court after death.
Related reading:
Complete Estate Plan
A revocable living trust is a legal entity that owns your assets while you are alive and continues after you pass away.
With a properly funded trust:
You maintain full control while alive. You can buy, sell, refinance, and change your trust at any time.
This is why trusts are the foundation of most California estate plans.
If you own real estate in California, a trust is almost always the correct primary estate planning document.
Without a trust, real estate must go through probate even if you have a will. This is true for primary residences, rental properties, and vacation homes.
The average probate cost for a home in California is substantial.
To understand probate costs in more detail:
https://ocestateplanlawyer.com/california-probate-costs/
A will distributes assets outright. A trust allows you to control how and when beneficiaries receive assets.
This is critical when:
With a trust, you can:
This level of control is not possible with a will alone.
Probate is public. Trusts are private.
Anyone can access probate records, including:
A trust keeps your family matters out of public view.
A trust only works if assets are properly titled.
This includes:
If assets remain in your individual name, they may still go through probate.
Learn about trust funding and bank accounts here:
https://ocestateplanlawyer.com/living-trust-need-its-own-bank-account/
In my practice, approximately 97 to 99 percent of clients benefit from a trust because they:
Even families who believe their situation is simple often discover complexity once we discuss real life scenarios like blended families, unequal distributions, or long term support.
No. A will must go through probate.
Yes. A simple pour over will is used as a safety net.
No. Trusts are primarily about probate avoidance, not wealth.
Yes. A revocable living trust can be amended at any time while you are alive.
Your estate will be distributed according to California intestate succession laws and likely go through probate.
Choosing between a will and a trust is not about complexity or wealth. It is about avoiding court, protecting your family, and ensuring your wishes are carried out smoothly and privately.
If you live in California and own real estate or have people depending on you, a revocable living trust is usually the right foundation for your estate plan.
If you are unsure which option fits your situation, a professional review can provide clarity.
Schedule your free 30-minute Strategy Session today or call (949) 377-2996 with Michael Pevney, your trusted Orange County estate planning attorney.
SECURE YOUR LEGACY
With over 18 years of legal experience in Orange County, Michael Pevney focuses on estate planning to help families protect assets, avoid probate, and secure their legacy with confidence.
