Planning for the future isn’t always something you want to think about, but if you own property in California, it’s almost essential. The state has some of the highest home values in the country, and with that comes bigger estates and more complicated rules when it’s time to pass assets to your loved ones.
An estate planning attorney is the person who helps you organize all of this. They prepare the documents that make sure your family knows exactly what you want, and they guide you through California’s specific laws so your estate avoids unnecessary costs and delays.
If you’ve ever wondered what these attorneys do and whether you really need one, here’s a deep look at their role, the services they provide, and why they’re so valuable in California.
Why Estate Planning Matters So Much in California
Estate planning matters everywhere, but in California the stakes are especially high. A few reasons why:
- High home values: Even modest homes in Los Angeles, San Diego, or the Bay Area often push estates into the millions. That means larger probate fees and, for very large estates, potential exposure to federal estate tax.
- Community property laws: California is a community property state. Assets acquired during marriage are generally owned equally by both spouses, which can complicate distributions if you’re in a blended family or have children from a previous marriage.
- Probate system: California’s probate process is known for being lengthy and expensive. Probate fees are based on the gross value of the estate, not your net equity. That can add up fast.
Without a plan, state law will decide who gets what. That might not reflect your wishes, and it almost certainly won’t save your family money or stress.
The Role of an Estate Planning Attorney
An estate planning lawyer create and review legal documents that protect you and your family. They don’t just draft paperwork, they explain how each choice works under California law and help you structure a plan that actually functions the way you want it to.
Some of the main areas they handle include:
- Wills
- Living trusts
- Powers of attorney
- Advance health care directives
- Guardianship designations
- Special needs planning
- Tax and probate strategies
The Starting Point with Wills
A will is one of the most basic documents you can have, and working with an experienced Will lawyer ensures it meets California’s strict legal requirements. It says who gets your property when you die and lets you name guardians for minor children. Without one, California’s intestacy laws take over. That usually means your spouse and children inherit in set proportions under the Probate Code. But if you’re unmarried, divorced, or part of a blended family, the result might not match what you want.
A will also needs to meet specific requirements in California. It has to be in writing, signed, and witnessed by two people. If it doesn’t meet those standards, it can be thrown out and leaving your estate to be divided by state law. Attorneys make sure the will is valid and enforceable.
Avoiding Probate with Living Trusts
One of the most common estate planning tools in California is the living trust. A trust lawyer can help you set one up and explain why it matters. The reason is probate.
Probate is the court-supervised process of distributing an estate. In California, it typically takes 9 to 18 months. More complicated estates can drag on for several years. Probate costs are set by state law and are based on the gross value of the estate:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
Let’s break that down with an example.
Say you own a home in San Jose worth $1 million, with a $600,000 mortgage. Even though you only have $400,000 in equity, probate fees are calculated on the full $1 million. That means the attorney and executor are each entitled to $23,000 in statutory fees, for a total of $46,000, not including court filing fees (about $435 per petition), appraisal costs (often around $2,000), and other expenses.
By comparison, setting up a living trust in California might cost between $2,500 and $5,000 upfront. Once assets are transferred into the trust, they bypass probate and go directly to your beneficiaries. That’s why many homeowners in California see a living trust as one of the most valuable documents they can create.
Powers of Attorney Protecting Your Finances
A durable power of attorney gives someone you trust the authority to handle your finances if you can’t. This person can manage bank accounts, pay bills, file taxes, or even sell property if necessary.
Without a power of attorney, your family may need to go through a court process to be appointed as your conservator. That process can take months, cost thousands of dollars, and involve ongoing court supervision. An estate planning attorney makes sure you avoid that scenario by putting the right document in place ahead of time.
Advance Health Care Directives Protecting Your Wishes
California law (Probate Code §4700) provides a standard form for advance health care directives. This document serves two purposes:
- It lets you state your preferences about medical treatment, life support, and end-of-life care.
- It allows you to name a health care agent, someone who can make decisions if you’re unable to.
This is particularly important in emergencies. If you’re in an accident or develop a serious illness, doctors and family members need to know what to do. Without a directive, decisions can fall into conflict, with loved ones disagreeing about what you would have wanted.
Guardianship and Special Needs Planning
If you have children under 18, your will should include guardianship designations. This names the person you want to raise your children if something happens to you. Without it, a court will decide.
For families with dependents who have disabilities, an estate planning attorney can create a special needs trust. This allows you to leave money for their care without disqualifying them from government benefits like SSI and Medi-Cal. Without the trust, an outright inheritance could cause them to lose eligibility.
What Californians Need to Know About Taxes
California doesn’t have its own estate or inheritance tax. But very large estates can be subject to federal estate tax. In 2024, the exemption is $13.61 million per person, or $27.22 million for a married couple with proper planning. Anything above that is taxed at rates up to 40%.
Even if your estate is below that threshold, there are other tax issues to consider:
- Property taxes: Proposition 19, passed in 2021, limits the ability to transfer a family home to children without reassessment. In many cases, this means property taxes jump significantly when the next generation inherits. Attorneys can help structure transfers to minimize these increases.
- Capital gains taxes: Heirs typically get a “step-up in basis” on inherited property, which can reduce capital gains when they sell. But the way assets are titled and transferred affects whether this step-up applies.
An estate planning attorney makes sure you take advantage of these rules.
Community Property in California
California is one of the nine community property states in the U.S. This means that most property acquired during marriage is owned equally by both spouses, regardless of whose name is on the title.
This rule can complicate estate planning. For example, if you remarried and have children from a prior marriage, your new spouse automatically has a claim to half of the community property. Without careful planning, your children could end up inheriting less than you intended. Attorneys help you clarify what’s community property, what’s separate property, and how to distribute each fairly.
Preventing Family Conflicts
Disputes after death are common, especially in families with blended households, significant wealth, or unclear documents. An estate planning attorney reduces the chance of conflict by:
- Writing clear, enforceable documents.
- Naming executors and trustees who can handle responsibilities.
- Explaining your plan to you (and sometimes to family members) so there are no surprises later.
Clear documentation is one of the simplest ways to keep peace in the family after you’re gone.
What to Expect When You Meet an Estate Planning Attorney
If you’ve never worked with one, here’s how it usually goes:
- Initial consultation: You’ll discuss your assets, family situation, and goals.
- Document drafting: The attorney prepares wills, trusts, powers of attorney, and health care directives tailored to your needs.
- Review and signing: You review the documents, make adjustments, and sign with proper witnesses or notaries.
- Funding the trust: If you create a living trust, assets like real estate and accounts must be retitled into the trust’s name.
- Periodic updates: As your life changes, such as marriage, children, divorce, or new property, your plan should be updated. Attorneys often recommend reviewing it every 3–5 years.
Estate planning in California is about more than just writing a will. It’s about protecting your property, your health care choices, and your family’s future. With high property values, community property rules, and an expensive probate system, Californians benefit greatly from having an estate planning attorney in their corner.
Whether your estate is simple or complex, creating a plan now saves your loved ones time, money, and stress later.