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.
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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
In 2015, California passed a death with dignity law allowing terminally ill patients to request aid in dying in certain situations.
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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.
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A last will and testament can help protect your family and your property.
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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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ABLE Accounts in California: A Savings Plan for Disability Costs
ABLE accounts help you meet your needs while remaining eligible for SSI benefits.
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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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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.
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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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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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Making a Financial Power of Attorney in California
Why do I need a California financial power of attorney? If you become ill or injured and you can't take care of your own finances, someone else must step in to help.
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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.
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California's Physician Orders for Life-Sustaining Treatment (POLST) Form
A California Physician Orders for Life-Sustaining Treatment (POLST) form can help you direct your health care if you're facing a life-threatening medical condition. Find out how it works.
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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 survivors to transfer 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.
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