Can a Trust Help My Family Avoid Probate in California?

 Posted on July 31, 2025 in Probate / Estate Administration

As difficult and uncomfortable as it may seem to focus on what happens after you die, many people begin thinking about estate planning because they want to spare their family stress and unnecessary expenses. If you are looking for a way to get your assets out of the courtroom and into the hands of your loved ones more quickly, a trust may be the right tool.

In California, a properly funded revocable living trust is one of the most effective ways to avoid probate. While a simple will still plays an important role in your estate plan, it does not prevent your estate from going through the court process. By creating a trust, you can help your family avoid delays, reduce costs, and maintain privacy. To learn more about your options, speak with an experienced Los Angeles, CA estate planning lawyer who can help you make informed decisions for your family’s financial future.

What Is Probate and Why Do People Want to Avoid It?

Probate is the court-supervised process for administering a person’s estate after they pass away. In California, this includes proving the validity of a will, appointing a personal representative, notifying creditors, resolving debts, and distributing assets.

The process can take anywhere from nine to 18 months, and even longer if there are disputes. Court filing fees, executor fees, legal fees, and appraisal costs can also significantly reduce the value of the estate.

How Can a Trust Help Avoid Probate in California?

A revocable living trust is a legal document that allows you to transfer ownership of your assets to a trust while you are still alive. You retain full control as the trustee and can change or revoke the trust at any time. When you pass away, the assets in the trust are distributed by your chosen successor trustee without court involvement.

Because the assets are no longer held in your name, they do not go through probate. This can simplify the transfer of real estate, bank and investment accounts, personal property, business interests, and other assets. It is important to actually fund the trust by re-titling your assets into it. If you create the trust but leave your property out of it, those assets may still end up in probate.

Do Small Estates Need to Go Through Probate?

California allows simplified procedures for smaller estates. Under California Probate Code § 13100, if the total value of a deceased person's assets subject to probate is less than $184,500, heirs may be able to use a simplified affidavit procedure. However, if your assets exceed that amount, a trust may be the most efficient way to avoid full probate. As with all questions about the various estate planning tools available to you, it is best to speak with a lawyer who can explain your options and help you create a plan that is tailored to your needs and wishes.

Call a Los Angeles, CA Trust and Estate Planning Attorney for a Free Consultation

If you want to avoid probate and make things easier for your family, contact a qualified L.A. County, CA estate planning attorney at the Law Office of David Schechet. With over 35 years of experience, we will help you create a plan that protects your assets and avoids unnecessary court involvement. Call 800-282-4731 to schedule your free consultation today.