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Some assets do not go through this process and instead will be distributed to surviving co-owners or to beneficiaries you designated in advance. These intestate succession laws are complicated, but they essentially distribute your assets to your surviving relatives based on familial relationship. Readers should contact a California-licensed attorney to obtain advice on any particular legal matter and should not act or refrain from living will and trust planning acting based on information found on this site without first seeking advice from counsel. Opelon LLP is a California law firm based in Carlsbad, California, and its attorneys are licensed to practice in California only.
How a California Revocable Living Trust Avoids Probate
If you own a home in Clovis, Madera, or Solvang, a trust can save your family tens of thousands of dollars in probate fees. It’s a practical tool to avoid the state’s costly probate process, which can consume 4% to 7% of your estate’s gross value. The "revocable" part means you can change or cancel it at any time while you’re alive and mentally competent (California Probate Code §15401). At Lawvex, we help families throughout Central California, from Clovis to Madera to Solvang, create estate plans tailored to their unique situation


When you pass away, there is nothing in your individual name for probate to process. When you transfer assets into a revocable living trust during your lifetime, you no longer "own" them personally. Both fee living will and trust planning schedules are based on the gross value of the estate, which means your mortgage balance is not subtracted.
Key Roles in a Revocable Living Tru


Waiting may not only waste valuable time but can also cause you to lose out on potential opportunities. Even if you know what you can control, it’s difficult to act instead of waiting for perfect conditions or certainty. Aligning current tax strategies with your long-term legacy objectives can support your family without attempting to predict market conditions or policy changes. Avoiding probate is one of the best ways to minimize future conflicts for your heirs. Many people think having a last will and testament covers everything they need for legacy planning. One of the biggest mistakes in family legacy planning is thinking that only money matter

It’s a comprehensive set of legal documents that outlines how your assets will be managed and distributed after your death and, critically, how your affairs will be handled if you become incapacitate


Some of the steps they may take include designating an executor to manage the distribution of assets, writing a will, and filling out beneficiary forms on retirement accounts. It’s about sharing the wisdom, values, and traditions that make your family unique. A family cookbook can serve as both a practical and sentimental guide to the flavors that bring your loved ones together. By creating a family cookbook, you’re preserving not only favorite dishes but also the stories and memories behind the

A legacy trust, also known as a dynasty trust, is an irrevocable trust meant to help protect your wealth and provide benefits for multiple generations of your family while potentially minimizing the impact of state, estate, and transfer taxe


If you become unable to manage your affairs due to illness or cognitive decline, your successor trustee can step in immediately, without your family needing to petition a court for a conservatorship under Probate Code Section 1800. A living trust is never filed with any court, so only your trustee and beneficiaries know its contents. During this time, your family must attend court hearings, file legal documents, and wait through mandatory creditor claim periods before receiving any inherited property. California probate typically takes 12 to 18 months for straightforward estates. When someone passes away owning assets in their individual name that exceed California’s probate threshold of $208,850 (Probate Code Section 13100, effective April 1, 2025), those assets must go through probate. Because the trust owns the assets (not you personally), your family avoids the California probate court process entirel

The Key Components of an Estate Plan
An advance health care directive and power of attorney document can help you prepare for the unexpected as part of an estate plan. The plan documents help you manage your life while you're still alive, not just at your passing. And don’t forget, Practitioner also includes TrueCite®, CEB’s powerful case law citator, enhancing your research efficiency and accurac


Compare the cost of living in your current home to potential places you would move to when you retire. Use USAGov's benefit finder tool to find retirement benefits that may help with living expenses, health care, medications, and more. Consult your tax, legal, or accounting professional regarding your individual situation. Finally, remember that the earlier you start planning for retirement, the more likely you are to reach your goals.
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