Estate planning in California is more than just writing a will—it’s about protecting your assets, your health care decisions, and your loved ones. Many people aren’t sure which documents they need or how California law affects their plan. In this guide to common estate planning questions in California, we explain the essentials so you can move forward with confidence.
Revocable trust: A revocable living trust lets you manage your assets during your life and distribute them after your death—without probate. You retain control and can change or revoke the trust at any time. Learn more from this overview by The Motley Fool.
Irrevocable trust: Once funded, an irrevocable trust generally cannot be changed. You give up control of the assets, which may offer benefits like asset protection, estate tax reduction, or long-term care planning. AARP explores one woman’s experience with this type of trust in this article.
Will: A will is a legal document that states who should receive your property after death. It can also name an executor and nominate guardians for your minor children. A will must go through probate unless all assets are otherwise transferred or titled. See California Probate Code § 6100.
Living will: A living will is part of your advance health care directive. It outlines your preferences for medical treatment if you become terminally ill or permanently unconscious and cannot communicate. In California, the term “living will” is considered outdated. The modern legal term is advance health care directive, which includes both medical treatment instructions and the appointment of a health care agent. This is governed by California Probate Code §§ 4600–4806.
Power of attorney: A power of attorney allows someone to act on your behalf for legal and financial matters. California Probate Code §§ 4120.
Durable power of attorney: A power of attorney is called “durable” when it remains valid even if you become incapacitated. California law requires specific language to make a POA durable. This document is essential for allowing someone to manage your affairs if you’re no longer able to.
Probate: Probate is the court-supervised process of settling an estate when someone dies. It applies when there is no trust or when assets are not properly titled. For a detailed overview, visit the California Courts probate guide.
Probate attorney: A probate attorney helps the executor or administrator handle the probate process—this includes court filings, paying debts, managing assets, and distributing property.
Trust administration attorney: A trust administration attorney advises the successor trustee on how to carry out the terms of a trust. This includes gathering assets, notifying beneficiaries, preparing tax documents, and following California legal requirements.
California estate tax: There is no California estate tax, but other taxes may apply, including federal estate tax, capital gains tax, income tax on retirement accounts, and potential property tax reassessment.
Guardians for children: You can nominate a guardian for your minor children in your will or in another legal document. However, under California law, your nomination is not automatically binding. The court must review the nomination and formally appoint the guardian before that person has legal authority. See Probate Code § 1510.
Backup guardians: Always name one or more alternate guardians. If your first choice cannot serve, the court will consider your alternates. If no one is named or available, the court selects someone based on the best interest of the child.
Estate plan after divorce: In California, divorce automatically revokes your ex-spouse’s rights under your estate plan. This includes their status as a beneficiary, executor, trustee, or agent under a power of attorney. California Probate Code § 6122 outlines this automatic revocation. However, this revocation does not apply to non-probate assets like life insurance or retirement accounts—you must update those directly with each institution. If you and your former spouse created a joint living trust, that trust is dissolved when the final court order dividing property is entered.
Conclusion: We hope this guide to Common Estate Planning Questions in California gave you some basic information about the terms and concepts in estate planning. If you’re ready for guidance from experienced estate planning attorneys, the Law Offices of David Knecht is here to help you create a plan that reflects your wishes and complies with California law. Call us today at (707) 451-4502 to schedule a consultation.
