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.
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:
- A living trust can be created by the owner declaring that the owner holds property as trustee, or by transferring property to a trustee. That is why the home and accounts are deeded or retitled to the trustee after the trust is signed (Probate Code §15200).
- A will can leave property to the trustee of your trust, which is how a pour-over will works (Probate Code §6300).
- A parent may nominate a guardian for a minor child, including in a signed writing such as a will (Probate Code §1500 and §1502).
- California has a statutory form power of attorney for finances (Probate Code §4401) and a statutory advance health care directive form (Probate Code §4701).
- Health care providers release your medical information to another person on a signed authorization that meets federal requirements (45 CFR §164.508).
- The parent to child exclusion from reassessment under Proposition 19 applies to a family home only in limited cases, and a claim has to be filed (Revenue and Taxation Code §63.2; Board of Equalization, Proposition 19).
- California's Revised Uniform Fiduciary Access to Digital Assets Act governs when a trustee or agent can reach your online accounts (Probate Code §870 and following).
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.