What the Cost of Doing Nothing Could Mean for Your Family

Most Californians don’t realize that owning a home may be enough to require probate.

Not because they have a large investment portfolio.

Not because they’re wealthy.

Simply because they own real estate.

With California home values where they are today, even a modest condo, manufactured home, or retirement community home can easily push an estate into probate. And probate isn’t just time-consuming. It can be expensive.

Why California Probate Costs So Much

California is one of the few states where attorney fees for probate are set by law. Those fees are based on the fair market value of your estate, not what you owe on it. That distinction surprises almost everyone. Here's an example:

• Imagine you own a home valued at $1,000,000.

• Even if you still owe $700,000 on the mortgage, California probate fees are generally calculated using the $1 million value, not your remaining equity.

• Statutory attorney and executor fees alone can total approximately $46,000.

• That’s before court costs, appraisals, publication fees, accounting costs, or other expenses.

For many families, that’s money they’d much rather keep for children, grandchildren, or a surviving spouse.

Doesn't a Will Prevent Probate?

This is probably the biggest misconception I hear. A will is incredibly important. But a will does not avoid probate. In fact, a will is the document that gets submitted to the probate court.

A Revocable Living Trust works differently. When your home and other assets are properly titled in your trust, they can generally be transferred privately without probate, allowing your successor trustee to carry out your wishes according to the instructions you’ve already put in place.

Estate Planning Isn’t About Expecting the Worst

None of us likes thinking about illness, accidents, or losing the people we love. Estate planning isn’t about living in fear. It’s about creating peace of mind. Life doesn’t always go according to plan. Having the right legal documents in place means your family has a plan if the unexpected happens.

Curious What Probate Could Cost?

We've created a free California Probate Calculator that estimates what probate could cost based on the value of your estate. It takes less than a minute.

Try the Probate Calculator here: https://onpointestatelaw.com/probate-calculator

Let’s Chat

If you’d like to talk through your options, I’d be happy to help. I offer complimentary, no-obligation consultations where we simply discuss your family, your goals, and whether a trust makes sense for your situation. No pressure, no sales pitch. Just an opportunity to learn your options and make an informed decision. Because protecting your family shouldn’t wait until it's too late.

Call (619) 273-3329 or book an appointment here for a complimentary consultation today.