Do you need a living trust in California?

What you'll learn

• California's probate threshold and why it matters for your estate
• Which asset types pass outside of probate without a trust
• When a will alone is enough and when a trust adds real value
• Questions to bring to your first estate planning consultation

Step by step

1. Add up your probate-eligible assets. In California, estates worth more than $184,500 in probate-eligible assets go through court. Add the value of real estate in your name alone, bank accounts without payable-on-death designations, and personal property. If the total clears that threshold, a trust typically saves your family significant time and cost.
2. Check which assets already skip probate. Some assets transfer automatically regardless of whether you have a trust: life insurance and retirement accounts with named beneficiaries, bank and investment accounts with payable-on-death or transfer-on-death designations, and jointly-held property with right of survivorship. Subtract these from your total before comparing to the threshold.
3. Consider your family situation. A trust becomes more valuable if you have minor children, a blended family, a beneficiary with special needs, or a desire to keep the estate out of public record. It also helps if you own property in more than one state, which would otherwise trigger probate in each state.
4. Write down your questions before the consultation. Note your asset types and approximate values, your family structure, any concerns about specific beneficiaries, and what you want to happen if you become incapacitated before you die. A prepared list makes a consultation more useful and shorter.