Frequently Asked Questions
Clear, plain-English answers to the questions Ryan hears most from Bay Area families.
Common questions, careful answers.
This page collects the questions that come up most often during discovery calls — from families starting their first plan to trustees navigating an administration for the first time. Nothing here is legal advice for your situation, but it should give you a solid footing for the conversation.
General Estate Planning
Foundational questions about why a plan matters — and what happens without one.
Why should I have an estate plan if I'm still young/healthy?
Accidents, sudden illness, and unexpected death can happen at any age. An estate plan ensures your assets go where you want, your minor children have a guardian you chose, and someone you trust can make decisions if you can't.
What happens in California if I die without an estate plan?
California's intestacy laws decide who gets what — not you. The probate court appoints administrators, assets are distributed according to statutory formulas (which rarely match what people actually want), and the process can take 9–18 months and cost thousands in statutory fees.
How often should I update my estate plan?
Review every 3–5 years, or immediately after any major life event: marriage, divorce, birth or adoption of a child, death of a beneficiary or fiduciary, significant asset changes, or a move to another state.
Can I write my own will using an online template?
You can, but online templates don't account for California-specific requirements, don't coordinate with your other documents, and often miss key protections. A poorly drafted will can invalidate your wishes or push your estate into probate anyway.
Will my estate plan still work if I move out of California?
Usually yes, but it should be reviewed. Each state has its own rules for wills, trusts, community property, and healthcare directives. A quick update avoids nasty surprises later.
Wills & Trusts
The core documents most California plans rely on — and how they work together.
What's the difference between a will and a trust?
A will directs how your assets are distributed after death but still goes through probate. A revocable living trust lets your assets pass to beneficiaries outside of probate, typically faster, cheaper, and more private.
Do I need both a will and a trust?
Most clients benefit from both. A "pour-over will" acts as a safety net, directing any assets not titled in your trust to pass into the trust at your death.
What does it mean to "fund" a trust?
Funding is the process of retitling assets (bank accounts, real estate, investment accounts) into the name of the trust. An unfunded trust is nearly as useless as having no trust at all.
Can I change my trust after I create it?
Yes. A revocable living trust can be amended or revoked at any time while you have capacity. Major changes usually use a trust amendment or restatement.
Who should I name as my successor trustee?
Someone trustworthy, organized, and willing to serve. Many clients name a spouse first, then an adult child, sibling, or professional fiduciary as backup. The person doesn't need to be a financial expert — they can hire help.
Probate
Timelines, costs, and when California's simplified procedures apply.
How long does probate take in California?
Most California probates take 9–18 months. Complex estates, contested matters, or estates with real estate can run longer.
How much does probate cost?
California sets statutory attorney and executor fees based on the gross value of the estate: 4% of the first $100K, 3% of the next $100K, 2% of the next $800K, 1% of the next $9M. A $750,000 estate would typically see around $18,000 in statutory attorney fees alone — plus court costs, probate referee fees, and bond premiums.
What's the small estate threshold in California?
Estates with total probate assets under $208,850 may qualify for simplified procedures like a Small Estate Affidavit, avoiding formal probate.
Can I avoid probate after someone has already died?
Usually no. Probate avoidance happens through planning before death (funding a trust, joint titling, beneficiary designations). There are a few narrow procedures for small estates or specific asset types.
What's the difference between an executor and an administrator?
An executor is named in the will; an administrator is appointed by the court when there's no will or the named executor can't serve. Duties are substantially the same.
Trust Administration
What trustees owe beneficiaries — and where trustees most often get tripped up.
What are a trustee's legal duties?
Loyalty, impartiality, care in managing assets, keeping detailed records and accountings, communicating with beneficiaries, following the trust's terms, and acting in beneficiaries' best interests — not your own.
When do I have to send notice to beneficiaries?
California Probate Code § 16061.7 requires a specific written notice within 60 days of the settlor's death (or when the trust becomes irrevocable). Missing this deadline can extend the statute of limitations for trust contests.
Am I personally liable as a trustee?
You can be, if you breach your fiduciary duties. Common exposures: co-mingling trust and personal funds, self-dealing, failing to diversify investments, and distributing assets without proper accounting.
Do I need an attorney if I'm a trustee?
For simple trusts with cooperative beneficiaries and no real estate, possibly not. For most administrations involving real property, disputes, or significant assets, attorney guidance protects both the trust and you personally.
Costs & Process
Straight talk on fees, value, and what you get for the investment.
What does an estate plan cost?
Most plans for married couples are around $3,000; single-person plans typically less. Compare this to $18,000+ in probate fees for a single $750,000 estate — most plans pay for themselves many times over.
Still have questions?
Every family is different. Schedule a free call and get straight answers about your situation.
Legal Disclaimer
This page is a form of advertisement. Any communication herein does not create an attorney-client relationship. Likewise, no communications herein should be considered legal advice. For any client to enter into an attorney-client relationship with my office, a separate written agreement is required.