Estate Planning Attorney California: How to Find the Right Lawyer for Your Family

By Rozsa Gyene, Estate Planning Attorney (State Bar #208356) | December 2025 • 15 min read

If you own property in California, have children, or simply want to make sure your wishes are followed after you're gone, you need an estate planning attorney. But with thousands of lawyers advertising online, how do you find the right one?

I'm Rozsa Gyene, a California estate planning attorney with over 25 years of experience. In this guide, I'll explain exactly what estate planning attorneys do, why California residents have unique needs, and how to choose the right attorney for your situation.

What Does an Estate Planning Attorney Do?

An estate planning attorney helps you create legal documents that accomplish three main goals: protecting your assets during your lifetime, ensuring your wishes are followed if you become incapacitated, and transferring your property to your loved ones after you pass away.

Here are the main documents a California estate planning attorney can help you create:

Why California Residents Need a California Estate Planning Attorney

Estate planning laws vary dramatically from state to state. California has unique rules that make working with a California-licensed attorney essential:

California's Expensive Probate System

California has some of the highest probate costs in the nation. Attorney and executor fees are set by statute based on the gross value of the estate — not the net value after mortgages. For a $1 million home with a $500,000 mortgage, probate fees are calculated on the full $1 million. This is why living trusts are so important for California homeowners.

Proposition 19 Property Tax Rules

California's Proposition 19, which took effect in 2021, dramatically changed how property taxes work when you inherit real estate. Previously, children could inherit their parents' low property tax basis. Now, unless the child uses the property as their primary residence, the property is reassessed at current market value. A California estate planning attorney can help you understand these rules and plan accordingly.

Community Property Laws

California is one of only nine community property states. This means property acquired during marriage is generally owned equally by both spouses, regardless of whose name is on the title. Community property rules affect how assets are distributed and have significant tax implications. A California attorney understands these nuances.

California-Specific Forms and Procedures

California has specific requirements for valid wills, trusts, powers of attorney, and healthcare directives. A document that's valid in another state may not meet California requirements. An out-of-state online service may not account for California's unique rules.

How to Choose the Right Estate Planning Attorney in California

Not all attorneys are equally qualified for estate planning. Here's what to look for:

Focus on Estate Planning

Look for an attorney who focuses primarily on estate planning, trusts, and probate. A general practitioner who does a little of everything may not have the depth of knowledge you need. Ask what percentage of their practice is devoted to estate planning.

Experience Matters

Estate planning involves anticipating problems that might arise years or decades in the future. An experienced attorney has seen what can go wrong and knows how to prevent it. Look for someone with at least 10 years of experience in California estate planning.

Ask About Their Process

A good estate planning attorney will take time to understand your family situation, assets, and goals before recommending a plan. Be wary of attorneys who push a one-size-fits-all solution without asking questions about your specific circumstances.

Understand the Fees

Estate planning attorneys typically charge either a flat fee or an hourly rate. Flat fees are more common and let you know the total cost upfront. Ask what's included in the fee — document preparation, deed transfers, notarization, and ongoing support should all be part of the package.

Check Reviews and References

Look for reviews on Google, Yelp, and legal directories like Avvo. Ask the attorney for references from past clients. A good attorney should have satisfied clients willing to vouch for their work.

Online Estate Planning vs. Working With an Attorney

You've probably seen ads for online estate planning services that promise to create your will or trust for a few hundred dollars. While these services can work for very simple situations, they have significant limitations for California residents:

• No legal advice: Online services provide forms, not guidance. They can't tell you which documents you actually need or how to structure your plan.
• Generic templates: Most online services use generic templates that may not account for California-specific laws like Proposition 19 or community property rules.
• No deed preparation: Creating a living trust is only half the job. You also need to transfer your property into the trust. Most online services don't prepare or record the necessary deeds.
• No follow-up support: Life changes — marriages, divorces, births, deaths, new property purchases. An attorney relationship provides ongoing support to keep your plan current.

That said, I understand that cost is a concern. That's why I offer affordable estate planning services — professional, attorney-prepared documents at prices competitive with online services, but with the expertise and personalized attention you need.

What to Expect When Working With an Estate Planning Attorney

Here's how the estate planning process typically works when you work with an experienced California attorney:

1. Initial Consultation: We'll discuss your family situation, assets, and goals. I'll explain your options and recommend a plan tailored to your needs.
2. Information Gathering: You'll provide details about your assets, beneficiaries, and wishes. This can often be done through a questionnaire.
3. Document Preparation: I'll prepare your customized estate planning documents based on California law and your specific situation.
4. Review and Signing: We'll review the documents together to make sure everything is correct, then execute them with proper witnesses and notarization.
5. Trust Funding: If you create a living trust, I'll prepare and record the deeds to transfer your California real estate into the trust.

Common Questions About Estate Planning in California

How much does an estate planning attorney cost in California?

Costs vary depending on the complexity of your situation. A simple will might cost $300-500. A complete living trust package typically ranges from $1,500-3,000 at most law firms. I offer competitive pricing starting at $400 for a single living trust and $500 for couples, including deed transfer.

Do I really need a living trust in California?

If you own California real estate, the answer is almost certainly yes. California's high probate costs — $46,000+ for a $1 million estate — make living trusts a smart investment for most homeowners. Even a modest California home can trigger expensive probate proceedings.

What happens if I die without an estate plan in California?

If you die without a will or trust (called dying "intestate"), California law determines who inherits your property. Your assets will go through probate court, and a judge will distribute them according to a statutory formula. This may not match your wishes, and your family will pay thousands in probate fees.

How often should I update my estate plan?

Review your estate plan every 3-5 years, or whenever you experience a major life change: marriage, divorce, birth of a child, death of a beneficiary, significant change in assets, or a move to a new state.

Key Takeaways: Finding an Estate Planning Attorney in California

1. California has unique estate planning needs — high probate costs, Prop 19 rules, and community property laws
2. Look for focused experience — Choose an attorney who specializes in estate planning with 10+ years in California
3. Understand the fees upfront — Flat fees are standard; ask what's included
4. Living trusts save California families thousands — $46,000+ in probate costs avoided for just $400-$500
5. Online services have limitations — Generic templates miss California-specific requirements
6. Affordable options exist — Attorney-prepared documents don't have to cost $3,000+
7. Act now — Estate planning protects your family; don't wait until it's too late

Legal Review By

Rozsa Gyene, Esq.

California State Bar #208356 | Licensed Since 2000

25+ years estate planning experience in California

Related Resources

• Living Trust Cost California 2025: Complete Price Guide
• How to Create a Living Trust in California
• Do I Need a Living Trust in California?
• Online Living Trust vs Attorney: Which Is Better?
• California Living Trust Requirements