Save your family $30,000-$60,000+ in probate fees and 12-18 months of delays
By Rozsa Gyene, Estate Planning Attorney | State Bar #208356 | Published January 15, 2025
The #1 way to avoid probate in California is to create a revocable living trust. When your assets are held in a living trust, they pass directly to your beneficiaries without going through probate court. This saves your family $30,000-$60,000+ in probate fees and 12-18 months of delays.
Cost: Living trust from $150 (one-time fee)
Savings: $27,000-$68,000+ in avoided probate costs
Time savings: Assets transfer in weeks instead of 12-18 months
If you own a home in California, avoiding probate should be a top priority. California has one of the most expensive and time-consuming probate processes in the United States. For a typical California home worth $700,000, probate costs approximately $38,000-$68,000 and takes 12-18 months — all while your family waits for their inheritance.
In this comprehensive guide, I'll explain exactly how to avoid probate in California, how much probate really costs, and why a living trust is the best probate alternative California residents have.
Probate is the court-supervised process of distributing a deceased person's estate. When you die with a will (or without one), your estate goes through probate. The probate court:
This sounds reasonable in theory. In practice, California probate is a bureaucratic nightmare that costs your family tens of thousands of dollars and takes over a year to complete.
California probate cost is among the highest in the nation. California uses a statutory fee schedule based on the gross value of your estate (not the net equity — the full appraised value before mortgages).
Both the attorney and the executor are entitled to these fees (so double the amounts below):
| Estate Value | Fee Percentage | Approximate Fee |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $3,000 |
| Next $800,000 | 2% | $16,000 |
| Next $9,000,000 | 1% | — |
| Anything above $15,000,000 | 0.5% | — |
Here's how much probate costs California for typical estates:
| Estate Value | Attorney Fee | Executor Fee | Total Probate Cost |
|---|---|---|---|
| $300,000 home | $9,000 | $9,000 | $18,000+ |
| $500,000 home | $13,000 | $13,000 | $26,000+ |
| $700,000 home (typical CA) | $17,000 | $17,000 | $34,000+ |
| $1,000,000 home | $23,000 | $23,000 | $46,000+ |
| $1,500,000 estate | $33,000 | $33,000 | $66,000+ |
Note: These are minimum statutory fees. Actual costs are often higher when you add:
For a typical California homeowner with a $700,000 home, probate costs:
A $150 living trust avoids all of this. That's a 227-453x return on investment. No other financial product comes close.
There are several legal methods to avoid probate in California. Here are all your options, ranked from most effective to least:
How it works: You create a trust, transfer your assets into it, and name beneficiaries. When you die, assets transfer directly to beneficiaries without probate.
What assets it covers:
Pros:
Cons:
Cost: $150 online with attorney review (Living Trust California)
Best for: Anyone who owns a home in California or has assets over $184,500
A revocable living trust is the only probate avoidance method that covers all your assets, maintains your complete control, protects you if you become incapacitated, and keeps your estate private. It's the gold standard for California estate planning.
How it works: You record a "Revocable Transfer on Death Deed" with the county recorder. When you die, the property automatically transfers to your named beneficiary without probate.
What it covers: Only real estate (your home, not bank accounts or other assets)
Pros:
Cons:
Best for: Single asset (one property), single beneficiary, simple situations
How it works: You designate a beneficiary directly on your bank accounts, investment accounts, and retirement accounts. When you die, those specific accounts transfer directly to the beneficiary.
What it covers:
Pros:
Cons:
Best for: Supplemental strategy in addition to a living trust
How it works: You own property jointly with another person. When one owner dies, the surviving owner automatically owns 100%.
Pros:
Cons:
Best for: Married couples (but a living trust is still better)
How it works: Married couples in California can hold property as "community property with right of survivorship." When one spouse dies, property automatically transfers to surviving spouse.
Pros:
Cons:
Best for: Married couples (but still get a living trust for when the second spouse dies)
How it works: If the total estate value is under $184,500, heirs can use a "small estate affidavit" to claim assets without full probate.
Pros:
Cons:
Best for: Small estates with no real estate
How it works: You give your assets to your beneficiaries while you're still alive.
Pros:
Cons:
Best for: Nobody. Don't do this.
For California homeowners: A revocable living trust is the clear winner. It's the only method that covers all assets, maintains your control, protects against incapacity, and keeps your estate private. The other methods are either too limited (TOD deeds, POD accounts) or create other problems (joint tenancy, giving assets away).
A living trust to avoid probate California works through a simple legal mechanism:
Here's the timeline when you die with a living trust (vs probate):
| Timeframe | With Living Trust | With Probate |
|---|---|---|
| Week 1 | Successor trustee takes over | Family contacts attorney |
| Week 2-4 | Assets distributed to beneficiaries | Petition filed with court |
| Month 2-3 | Trust administration complete | Waiting for court hearing |
| Month 4-6 | — | Inventory and appraisal |
| Month 7-12 | — | Creditor period, court filings |
| Month 13-18 | — | Final distribution, court approval |
| Total Time | 2-4 weeks | 12-18 months |
| Total Cost | $0-$2,000 | $27,000-$68,000+ |
Here's exactly how to set up a living trust to avoid probate in California:
You need a properly drafted living trust document that complies with California Probate Code. You have three options:
You must sign the trust in front of a notary public. California does not require witnesses for a living trust (unlike a will).
This is the most important step. You must transfer your assets into the trust's name:
For Real Estate:
For Bank Accounts:
For Investment Accounts:
For Vehicles:
Creating the trust: 30 minutes online
Receiving documents: 24 hours (after attorney review)
Signing/notarizing: 30 minutes
Funding (transferring assets): 1-2 hours over 1-2 weeks
Total: About 2-3 hours spread over 2 weeks
Your home is typically your most valuable asset, and transferring it without probate California should be your top priority. Here's how:
Transfer your home to your living trust. When you die, the successor trustee signs a new deed transferring the property to your beneficiaries. No court, no probate, no $27,000+ fees.
Steps:
Record a Revocable Transfer on Death Deed. When you die, the property automatically transfers to your named beneficiary.
Limitations:
Good news: Transferring your home to your own revocable living trust does NOT trigger a property tax reassessment. You maintain your Prop 13 protection as long as you:
Let me show you a real example of how a living trust avoids probate (client details changed for privacy):
Situation:
Without a Living Trust (Probate):
With a Living Trust (What Actually Happened):
Savings: $52,100 and 15 months
The easiest way to avoid probate in California is to create a revocable living trust online. You can complete the entire process in about 2-3 hours spread over 2 weeks: 30 minutes to create the trust online, 30 minutes to sign and notarize, and 1-2 hours to transfer your assets to the trust.
Yes, but with limitations. You can use TOD deeds for real estate and POD designations for bank accounts, but these only work for specific assets and don't provide incapacity protection or control over when beneficiaries receive assets. A living trust is the only comprehensive solution.
Creating a living trust costs $150-$3,000 (one-time cost). Probate costs $27,000-$68,000+ for a typical California home. So avoiding probate saves you $26,000-$67,000+. The return on investment is 227-453x.
No. A will does NOT avoid probate. A will must go through probate court to be validated and executed. If you want to avoid probate, you need a living trust (and a pour-over will as backup).
Assets that go through probate in California include: real estate titled in your individual name, bank accounts without POD designations, investment accounts without TOD designations, vehicles, personal property, and business interests held individually. Assets in a living trust do NOT go through probate.
California probate takes 12-18 months on average. Complex estates with disputes can take 2-3 years. With a living trust, assets transfer in 2-4 weeks.
If you own a home in California, creating a living trust should be at the top of your to-do list. The math is simple:
That's a 227-453x return on investment. No other financial product comes close.
Plus, a living trust provides additional benefits probate alternatives can't match:
Create your California living trust online in 30 minutes. Attorney-prepared and reviewed by California attorney Rozsa Gyene (State Bar #208356). Starting at just $150.
About the Author: Rozsa Gyene is a California estate planning attorney with 25+ years of experience (State Bar #208356). She has helped thousands of California families avoid probate and protect their assets through living trusts. This article provides general information only and does not constitute legal advice. Consult with a licensed attorney for advice specific to your situation.
© 2025 Living Trust California. Rozsa Gyene, Attorney at Law. State Bar #208356.
This article provides general information and does not constitute legal advice.