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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. 

Ready to create your will?

A last will and testament can help protect your family and your property.

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.

Find out how to make a living trust in California.

What happens if you die without a will? Learn about intestacy in California.

Learn the rules about who can be your executor in California.

ABLE accounts help you meet your needs while remaining eligible for SSI benefits.

The California probate process isn't as complicated as in some states, but it can be expensive.

California has probate shortcuts for married couples and small estate probate to make it easier for inheritors to collect property left by a person who has died.

Probate court proceedings (during which a deceased person's assets are transferred to the people who inherit them) can be long, costly, and confusing.

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.

In California, you must sign your advance health care directive in front of two witnesses or a notary.

Help one of the thousands of people waiting for an organ by registering to become a donor in California.

Find out what the requirements are for obtaining a prescription for life-ending medication under California’s law.

Learn how to get a death certificate and where you can bury a body or scatter ashes in California.

Learn the rules that govern home funerals in California.

Empower Yourself: DIY Products by Nolo

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If you find yourself serving as an executor or trustee, take control of the estate or trust with these plain-English books.
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Use this form to make simple changes to your living trust – for example, adding or removing beneficiaries or naming a new successor trustee.

Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.

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