Estimated read time: 6–7 minutes
Most people think estate planning is about “who gets what.” In California, it’s also about how things move, who is in charge, and how much time, money, and privacy you’re willing to spend. If you live in Inglewood or anywhere in Los Angeles County, these five California-specific facts can save your family months of stress and thousands in avoidable costs.
Want the quick path from confusion to clarity? Join us on Thursday, October 2 for our live, in-person Wills, Living Trusts & Asset Protection Seminar in Inglewood. You’ll leave with a simple action plan tailored to California rules.
Save your seats now: https://collinslawgroup.com/webinar/wills-living-trusts-asset-protection-seminar-october-2/.
Fact 1 — California Does Not Use the Uniform Probate Code
Many states simplified probate by adopting the Uniform Probate Code. California didn’t. We run on our own Probate Code with detailed, sometimes unforgiving procedures, deadlines, and notices. Two estates of the same size can play out very differently in California vs. another state—especially in Los Angeles County’s busy probate courts.
What this means for you: Local knowledge matters. The way you title assets, the documents you choose (and how they’re drafted), and even the sequence of steps can dramatically change cost, timing, and outcomes for your family.
Want to see how your current documents would perform in L.A. County probate?
Bring your questions to October 2 and get straight answers.
LIMITED SEATS! Register here: https://collinslawgroup.com/webinar/wills-living-trusts-asset-protection-seminar-october-2/.
Fact 2 — Probate Fees Are Statutory and Based on Gross Value
In California, attorney’s fees and executor commissions are set by statute and calculated on the gross value of the estate—not the equity after mortgages or debts. A home valued at $800,000 with a $600,000 mortgage is still treated as an $800,000 asset for fee purposes.
Why it matters: Fees add up quickly, and they’re duplicated (one set for the attorney, one for the personal representative) unless waived. This is a major reason Californians choose strategies that bypass probate.
Fact 3 — Community Property Rules Shape Who Owns What
California is a community property state: most assets earned during marriage are owned equally by both spouses, regardless of who’s on title. Separate property (pre-marriage assets, inheritances, certain gifts) is treated differently.
Why it matters:
Blended families need extra precision to ensure each spouse’s half is protected for their own children.
How you characterize and title assets (community vs. separate; individual vs. trust) determines what you can give, and to whom, without triggering disputes.
A well-drafted plan can honor both your spouse and your children from a prior relationship—without inviting conflict.
Fact 4 — No California Estate or Inheritance Tax (But Don’t Ignore Federal Rules)
California imposes no state estate or inheritance tax. Federally, however, the estate tax exemption is $13.99M per person in 2025 (roughly $27.98M for married couples), with a scheduled reduction after 2025 unless Congress acts.
What to do: Even if you’re below the federal threshold, plan for probate avoidance, incapacity, and beneficiary protection first. If your net worth approaches the federal limits—especially with appreciated real estate—layer in tax-sensitive trusts and gifting strategies.
Fact 5 — A Revocable Living Trust Is Often the California Gold Standard
A properly drafted and funded revocable living trust lets your successor trustee transfer assets without probate—privately and on your timeline. It also provides continuity if you become incapacitated (your successor steps in immediately, no court).
Key point: Creating a trust is step one; funding it is step two. Real estate deeds, bank/brokerage account titles, and beneficiary designations must be coordinated with your trust or you’ll still face probate on whatever gets left outside.
Pro tip: Pair your trust with a pour-over will, durable power of attorney, and advance health care directive. Together, they cover post-death transfers, finances during incapacity, and medical decision-making—California’s “big four.”
Turn Facts Into a Family-Ready Plan
Information doesn’t protect your loved ones—implementation does. If you’ve been meaning to “get to it,” consider this your nudge:
Join us on October 2 in Inglewood for a jargon-free walkthrough of California’s rules and a practical checklist you can use the same day.
LIMITED SEATS! Reserve your seats: https://collinslawgroup.com/webinar/wills-living-trusts-asset-protection-seminar-october-2/.
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