Estate Plan Health Check for California

Reviewed by Rozsa Gyene, California attorney. Last reviewed October 2026.

Twelve questions about the documents you have signed, whether your home and accounts are actually in your trust, and the gaps that can send a California family to probate court. You get a score out of 100 and the three fixes that matter most, each with a page that explains it. Your answers stay in your browser.

Answer the 12 Questions

1. Which of these documents have you signed?

Tick every one you have, signed and notarized or witnessed. Leave a box empty if you are not sure.

2. When were your trust and will signed?

If they were signed at different times, use the older date. If you have neither, pick any answer; it will not count.

3. Are your bank and brokerage accounts titled in the name of your trust?

Retirement accounts such as an IRA or 401(k) are not retitled; they come up in question 4.

4. Have you checked the beneficiary on every retirement account, life insurance policy and annuity in the last 3 years?

These pass to whoever is named on the form, not by your trust or will.

5. If you have children under 18, have you named a guardian for them in writing?

Parents usually do this in the will.

6. Do the people you named (successor trustee, agent under your power of attorney, health care agent) know they were named and where the signed originals are?

This is what makes the incapacity documents usable on a bad day. If you have not signed a trust, will, power of attorney or health care directive yet, pick any answer; it will not count.

7. Is your California home deeded to your trust, with the deed recorded?

A recorded deed shows the trustee of your trust as the owner on the county record.

8. If your children or grandchildren would inherit your California home, have you looked at how Proposition 19 would affect their property tax?

A trust does not stop a reassessment.

9. Do you own real estate outside California, and is it in your trust?

Pick the answer closest to your situation.

10. Do you own a business or a share of one, and have you planned who takes it over?

Planning means the ownership interest is held by the trust where the business documents allow it, and someone is named to run or sell it.

11. Is there a plan for your digital assets?

Email, photos, online banking, cryptocurrency, social media and domain names.

12. When did you last read your whole plan against your life today?

A marriage, divorce, death, birth, move or new property since then counts as a reason to look again.

Page checked October 7, 2026. The scoring is written out under "How this is calculated".

General information, not legal advice. This check gives a score from the answers you choose, using the firm's own weighting described below. It does not review your documents. It does not create an attorney-client relationship. Your situation may differ; talk to a California attorney before you act on the result.

How This Is Calculated

The points below are this firm's own weighting of common gaps in a California estate plan. They are a judgment, not a legal standard, and no statute or court scores a plan this way. The heaviest weights go to the trust itself, the deed to the home and the accounts, because those decide whether the family ends up in probate court.

#QuestionPoints by answerWeight
1Which documents you have signedTrust 10, pour-over will 5, durable power of attorney 4, advance health care directive 4, HIPAA authorization 225
2When the trust and will were signedWithin 5 years 6; 5 to 10 years 3; older or not sure 0. Left out if you have neither6
3Accounts retitled to the trustAll 10; some 5; none or not sure 010
4Beneficiary designations checkedCurrent 8; out of date or not sure 08
5Guardian named for minor childrenNamed 8; not named 08
6Named people know their role and where the originals areAll 5; some 2; none 0. Left out if no one has been named yet5
7California home deeded to the trust and recordedRecorded 15; signed but not confirmed recorded 5; no or not sure 015
8Proposition 19 looked at for heirsYes 5; no or not sure 0. Left out if you own no California real estate5
9Out-of-state real estate in the trustIn the trust 6; not in it or not sure 06
10Business interest planned forYes 5; no 05
11Digital assetsList and authority 3; partly 1; no 03
12Last full reviewWithin 3 years 4; 3 to 5 years 2; older or never 04
Total when every question applies100

A "not applicable" answer removes that question from both the points you earned and the points possible, so it does not count against you. Your score is points earned divided by points possible, times 100, rounded to the nearest whole number. If you do not have a trust, questions 3, 7 and 9 earn no points, since there is nothing yet to deed or retitle into. Question 6 is left out if you have signed none of the trust, will, power of attorney or health care directive, since no one has been named yet, and question 8 is left out if you own no California real estate. A score of 85 or more reads as in good shape, 60 to 84 as a solid start with gaps, and under 60 as important pieces missing. One exception: if you own a California home and it is not in a trust with a recorded deed, the result reads as important pieces missing whatever the score, because that home would still go through probate; a deed that is signed but not yet confirmed as recorded caps the result at a solid start.

Every answer that loses points becomes a fix, worth the points it lost. If you have no trust, the points lost on the home, the accounts and out-of-state real estate are added to the trust fix, because the trust has to exist first. Fixes are listed from the most points lost to the fewest. When two fixes lose the same points, this fixed order decides: trust, home deed, accounts, pour-over will, power of attorney, health care directive, guardian, beneficiary designations, out-of-state property, document dates, Proposition 19, business, the people you named, review, HIPAA authorization, digital assets. The first three are shown as the most important fixes.

The rules behind the questions:

Frequently Asked Questions

Is the score a legal grade of my estate plan?

No. The score uses this firm's own weighting of twelve common gaps, written out on this page. It does not read your documents, and two plans with the same score can have very different problems. Use it to decide what to look at first.

Do you keep my answers?

No. The score is worked out in your browser. Nothing is sent to us or stored, and there is no email sign up.

Why does the home deed count for so much?

For most California families the home is the largest asset, and a trust that does not hold the home does not keep it out of probate. A signed trust with no recorded deed is a common gap.

Why do some questions have a not applicable answer?

If you have no minor children, no out-of-state real estate or no business, that question is left out of your score instead of counting against you. The score is the points you earned divided by the points possible for your answers.

What does it cost to fix the top items?

An attorney-prepared trust is $400 for one person or $500 for a married couple, and the deed for each property is $100. For one person with a home, that is a $400 trust plus $100 deed.

Keep Your Home Out of Probate

An attorney-prepared living trust is $400 for one person or $500 for a married couple. Moving your home into it takes a deed, which we prepare for $100 per property.

Law Offices of Rozsa Gyene, 3500 W. Olive Ave., Suite 300, Burbank, CA 91505. California State Bar #208356.
Attorney Rozsa Gyene

Legal Review By

Rozsa Gyene, Esq.

California State Bar #208356 | Licensed Since 2000

25+ years estate planning experience in California