California Estate Planning
Regardless of where you live, you should have several basic estate planning documents in place: a will, a durable power of attorney for finances, and a medical directive. And if you live in California, a prosperous state with sky-high real estate values in its urban areas, it's an especially good idea to also think about planning to avoid probate after your death.
California has an unusual system of compensating probate lawyers. Unlike most states, California law makes it standard procedure for probate lawyers to charge, as their fee, a percentage of the gross value of the assets that go through probate. (These assets are collectively known as the "probate estate.") The state's probate code (Cal. Probate Code § § 10810, 10811) sets out the percentages:
- 4% of the first $100,000 of the gross value of the probate estate
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- .5% of the next $15 million
Lawyers aren't required to charge a percentage fee, but most of them do, because it usually results in a nice fee for not a lot of work. For example, if you leave a $200,000 gross estate, the fee is $7,000--probably just for some fairly simple paperwork. And these fees are for ordinary work. A lawyer who has unusual work can ask the court to approve a higher fee.
The articles below cover the basics of probate-avoidance planning, and other aspects of estate planning in California. Additionally, Nolo's book, Every Californian's Guide to Estate Planning, covers all of the tax saving strategies and issues that are unique to California residents.
Wills & Trusts
Wills & Trusts
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How to Make a Will in California
A last will and testament can help protect your family and your property.
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California law provides a free fill-in-the-blank will for California residents. It’s called the California statutory will and it lives in California Probate Code Section 6240.
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Make a Living Trust in California
Find out how to make a living trust in California.
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Intestate Succession in California
What happens if you die without a will? Learn about intestacy in California.
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California Restrictions on Who Can Serve as Executor
Learn the rules about who can be your executor in California.
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Be Cautious When Leaving Gifts to Caregivers
In some states, elder care protections may put legitimate gifts to caregivers at risk.
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ABLE Accounts in California: A Savings Plan for Disability Costs
ABLE accounts help you meet your needs while remaining eligible for SSI benefits.
Probate in California
Probate in California
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California Probate: An Overview
The California probate process isn't as complicated as in some states, but it can be expensive.
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Probate Shortcuts in California
California offers some probate shortcuts for "small estates." These procedures make it easier for inheritors to collect property left by a person who has died.
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Avoiding Probate in California
Probate court proceedings (during which a deceased person's assets are transferred to the people who inherit them) can be long, costly, and confusing.
Powers of Attorney & Living Wills
Powers of Attorney & Living Wills
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California Power of Attorney Laws
A durable POA allows someone to help you with your financial matters if you ever become incapacitated—here's how to make one in California.
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Do I Need to Have My California Living Will Witnessed or Notarized?
In California, you must sign your advance health care directive in front of two witnesses or a notary.
Organ Donation and Final Arrangements
Organ Donation and Final Arrangements
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How to Become an Organ Donor in California
Thousands of California residents are currently waiting for donated organs.
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California’s End of Life Option Act
Find out what the requirements are for obtaining a prescription for life-ending medication under California’s law.
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Burial and Cremation Laws in California
Everything you need to know about burial and cremation in California.
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Learn the rules that govern home funerals in California.
More Legal Topics
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