California Will or Trust: Which one is best?

California Will or Trust: Which is Best for You?

When planning your estate in California, you have three basic choices:

(1) Do nothing
(2) Create a will-based plan
(3) Set up a living trust-based plan

Each path has major consequences for your family, your privacy, and your finances. Let’s break it all down in plain English.

1. Probate Process

Estate Plan Type	Avoids Probate?
No Will	❌ (no unless than $184,500 in assets)
Will	❌ (no unless than $184,500 in assets)
Trust	✅ Yes!

💡 Trusts avoid probate completely. No court, no public process, and much faster results.

2. Privacy

Estate Plan Type	Keeps Your Information Private?
No Will	❌ No
Will	❌ No
Trust	✅ Yes!

💡Trusts are private. Your assets and heirs stay out of the public record so no one except your family knows how much you owned.

3. Long-Term Cost Savings

Estate Plan Type	Saves Money Long-Term?
No Will	❌ No
Will	❌ No
Trust	✅ Yes!

💡 Trusts cost more upfront, but avoid massive probate fees—often saving tens of thousands. Calculate your probate costs with our probate calculator to see for yourself.

4. Control Over Distribution

Estate Plan Type	Gives You Control Over Who Gets What?
No Will	❌
Will	✅ (with court oversight required)
Trust	✅

💡 Trusts give you total control—who gets what, when, and how—without court interference.

5. Speed of Access

Estate Plan Type	Fast Distribution After Death?
No Will	❌ No
Will	❌ No
Trust	✅ Yes

💡 Trusts allow immediate access to assets and faster distribution.

6. Flexibility in Planning

Estate Plan Type	Allows Custom Inheritance Terms?
No Will	❌ No
Will	❌ Limited and costs more later
Trust	✅ Yes

💡Trusts let you stagger inheritances, protect spendthrift beneficiaries, and design wealth transfers your way.

7. Guardian and Child Planning

Estate Plan Type	Protects and Plans for Minor Children?
No Will	❌ No
Will	✅ (can name guardians, but no money control)
Trust	✅ (guardians + full financial control)

💡 Trusts let you name guardians and set up financial safeguards for your kids’ future.

8. Asset Protection

Estate Plan Type	Protects Inheritances from Creditors/Divorce?
No Will	❌ No
Will	❌ No
Trust	✅ Yes

💡 Trusts can protect your heirs from lawsuits, divorces, and poor decisions.

9. Real Estate Transfer Ease

Estate Plan Type	Simplifies Property Transfers & Preserves Tax Benefits?
No Will	❌ No
Will	❌ No
Trust	✅ Yes

💡 Trusts make it easier to quickly pass down your primary residence in California—while protecting Prop 13 property tax values without getting reassessed.

10. Control After Death

Estate Plan Type	Can Manage Money for Years After Death?
No Will	❌ No
Will	❌ Limited
Trust	✅ Yes

💡 Trusts can hold, invest, and distribute money on a timeline you design—even decades after you’re gone.

Summary Table

Feature	No Will	Will	Trust
Avoids Probate	❌	❌	✅
Private	❌	❌	✅
Saves Money Long-Term	❌	❌	✅
Control of Distribution	❌	✅	✅
Fast Distribution	❌	❌	✅
Flexible Inheritance Terms	❌	❌	✅
Plans for Minor Children	❌	✅	✅
Asset Protection	❌	❌	✅
Easy Real Estate Transfer	❌	❌	✅
Post-Death Financial Control	❌	❌	✅

Trusts Are The Gold Standard

- If you do nothing, the state decides everything. Your family goes through probate, and your wishes are irrelevant.
- A will is better than nothing, but still leads to court, costs, and delays.
- A trust is the gold standard in California for families. It avoids probate, protects your legacy, and keeps your assets under your control.