What Happens to Your Assets in California Without a Trust?
You’ve worked hard for what you have. You’ve saved, invested, built equity in your home, maybe started a business. You love your family and want to take care of them. But here’s the question most people never ask until it’s too late: if you died tomorrow, what would actually happen to everything you’ve built—without a trust in place?
In California, the answer is rarely simple—and almost never fast. Without a trust, your estate very likely goes through a court process called probate, and your assets may be distributed in ways you never intended, on a timeline that drags on for well over a year.
This post explains, in plain language, what California law says happens to your assets when you die without a trust—and why so many Californians choose to set up a revocable living trust before it’s too late.
What Is Probate—and Why Does It Matter?
Probate is the court-supervised legal process through which a deceased person’s estate is administered and distributed. In California, probate is governed by the California Probate Code (Cal. Prob. Code §§ 7000 et seq.).
If you die owning assets in your name alone—without a trust, without a beneficiary designation, and without joint tenancy—those assets must pass through probate before they can be transferred to anyone. That includes your home, bank accounts titled solely in your name, investment accounts without named beneficiaries, and personal property.
California currently requires probate for estates above a threshold set by law (Cal. Prob. Code §§ 13100, 13101). This threshold is adjusted periodically; please verify the current figure at the California Courts’ official website or consult with an estate planning attorney.
Real estate is often the largest asset California families own. Without a trust, your home must go through probate—regardless of how much it is worth above the applicable threshold.
How Long Does California Probate Take?
California probate is not fast. From opening the estate to receiving a final court order, the process typically takes 12 to 24 months for straightforward estates. Complex estates—with real property, business interests, out-of-state assets, or disputes among heirs—can take substantially longer.
During that time:
• Your family may not be able to access your bank accounts or sell your home
• Your executor must manage your estate’s affairs and keep detailed records
• All interested parties must be formally notified
• Creditors have an opportunity to file claims against the estate
• Court hearings are required to advance the process
Probate is also public record. Your will—and the inventory of everything you owned—can be viewed by anyone. For many families, that lack of privacy is one of the most uncomfortable aspects of the process.
What Does Probate Cost in California?
Probate is expensive in California. The fees paid to both the attorney and the personal representative (executor) are set by statute under California Probate Code § 10810, calculated as a percentage of the gross value of the probate estate:
• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% on amounts above $15,000,000
Critically, both the attorney AND the executor each receive these fees—so the total statutory fees are effectively doubled. On a $1 million estate, for example, the combined statutory fees for the attorney and executor alone could be approximately $46,000—before court filing fees, appraisal costs, and any extraordinary compensation for complex matters.
A revocable living trust, by contrast, is administered privately, without court supervision and without statutory probate fees. The upfront cost of a trust is almost always a fraction of what probate would cost.
Who Gets Your Assets If You Die Without a Trust or a Will?
If you die without any estate planning documents—no trust, no will—California law calls you “intestate,” and your estate is distributed according to California’s intestacy statutes (Cal. Prob. Code §§ 6400–6414). The law creates a default distribution order based on family relationships, regardless of what you actually wanted.
Community Property
California is a community property state. Property acquired during marriage is generally considered community property and passes entirely to the surviving spouse or registered domestic partner if you die without a will or trust.
Separate Property
Separate property—assets you owned before marriage, or received as a gift or inheritance during marriage—is distributed differently. If you are survived by a spouse and children, the surviving spouse receives one-half of your separate property if you have one child, or one-third if you have two or more children. The children share the remainder equally.
If You Have No Spouse
If you die without a surviving spouse or registered domestic partner, your assets pass to:
• Your children, equally
• If no children, then to your parents
• If no parents, then to your siblings
• And so on, down a statutory line of family members
The law makes no room for your unmarried partner, your best friend, a charity you cared about, or a family member who needed more support than others. It distributes assets based on legal relationships, not on the people who actually mattered to you.
What About a Will—Isn’t That Enough?
A will is better than nothing. It allows you to name the people you want to receive your assets, designate guardians for minor children, and name an executor to manage your estate. But here’s what many people don’t realize: a will still requires probate in California.
A will tells the probate court what to do with your assets. It does not allow your family to skip the court process. The same timeline, the same fees, and the same public disclosure apply whether you have a will or not.
A revocable living trust, by contrast, does not go through probate. When you transfer assets into your trust during your lifetime, those assets are legally owned by the trust—not by you as an individual—and can be distributed to your beneficiaries by your successor trustee without court involvement. There are mechanisms to avoid or mitigate the contest of a trust in Probate court.
Common Myths About Trusts
Myth #1: “Trusts are only for the wealthy.”
Not in California. Given the state’s real estate values, many middle-class homeowners have estates large enough to require probate. A trust is a practical tool for anyone who owns a home, has minor children, or wants to avoid the time and cost of court.
Myth #2: “I’m too young to need a trust.”
Estate planning is not about age—it’s about protecting the people who depend on you. If you have a home, a car, a bank account, or a child, you have a reason to plan.
Myth #3: “I lose control of my assets once they’re in a trust.”
A revocable living trust is fully revocable during your lifetime. You remain the trustee, you manage your own assets, and you can amend or revoke the trust at any time. You do not give up any control.
Myth #4: “My assets will automatically go to my spouse or kids.”
Not necessarily. California’s intestacy laws follow a statutory formula that may not reflect your actual wishes—and do not account for blended families, unmarried partners, or special circumstances.
A Note for Families with Ties to Brazil
If you or your family have assets in both California and Brazil—bank accounts, real property, business interests, or investments in either country—your estate planning needs are more complex than the standard California analysis.
Brazil has its own succession laws, governed primarily by the Código Civil Brasileiro (Brazilian Civil Code), and the two legal systems do not automatically coordinate. Without careful cross-border planning, your assets in Brazil may pass in ways that conflict with your California plan, and your California trust may have limited effect on Brazilian-situs assets.
We work with Brazilian-American families who navigate exactly these situations. Cross-border estate planning requires both California law knowledge and an understanding of Brazilian succession rules—and it is a core part of what we do at Trust Brasil.
The Right Time to Act Is Now
Estate planning is one of those things that feels easy to delay—until something happens and it’s no longer your decision to make. The good news: getting a trust in place is simpler than most people expect, and the peace of mind it creates is immediate.
At Trust Brasil, we work with California families—including Brazilian-American and cross-border families—to create estate plans that actually reflect who they are and what they want to protect. Our process is straightforward, mostly virtual, and designed to answer your questions at every step.
Ready to understand your options? Start with a Peace of Mind Planning Session.
We look forward to meeting you.
Legal Disclaimer: This blog post is published by Trust Brasil, A Professional Law Corporation (CA Bar #333417), and is intended for general informational purposes only. It does not constitute legal advice, and reading this post does not create an attorney-client relationship. California law is subject to change, and the information herein may not reflect the most current legal developments. Every individual’s circumstances are different. You should not act on any information in this post without seeking qualified legal counsel. If you have questions about your specific situation, we invite you to contact our office directly.
Who Will Take Care of You as You Age? Why Planning Ahead Matters
Who Will Take Care of You as You Age? Why Planning Ahead Matters
Many people assume that when they need help later in life, a spouse, child, or close friend will step in. But that assumption is becoming increasingly risky. Today, more than 16 million Americans over age 65 live alone, and most have no formal plan for long-term care or decision-making support as they age.
Longer lifespans, higher divorce rates, and families spread across the country mean more people are aging without a built-in support system. Even when adult children live nearby, busy schedules, financial pressures, and emotional stress often make caregiving far more complicated than expected.
The Risks of Aging Without a Plan
Living alone as you age isn’t just about loneliness - it’s about safety, autonomy, and dignity. Health emergencies, cognitive decline, or mobility challenges can arise suddenly. Without clear legal and care instructions, decisions are often made in crisis.
Many families discover too late that they never discussed critical questions, such as:
● Who should make medical decisions if I can’t?
● Do I want to age at home, move to assisted living, or consider memory care?
● What treatments do I want - or not want - at the end of life?
Without written guidance, loved ones are forced to guess. Disagreements can arise, relationships can fracture, and outcomes often don’t reflect what the person would have chosen for themselves.
Why Old Estate Plans Often Fail
Even people who have estate planning documents may still be unprotected. Laws change. Assets change. Relationships change. A plan created years ago may no longer align with your wishes, or even work when needed.
Outdated documents can leave gaps in authority, create confusion, or require court involvement just when your family is under the most stress.
How Comprehensive Estate Planning Protects You
A modern estate plan does more than distribute assets. It creates a clear roadmap for care, decision-making, and financial protection if you become incapacitated.
A well-designed plan can:
● Clearly name decision-makers and alternates
● Document your care and medical preferences
● Reduce family conflict and uncertainty
● Protect your independence and personal wishes
● Ensure assets are properly managed and preserved
Plan Now for Peace of Mind Later
Aging is inevitable. Chaos is not.
By planning ahead, you protect yourself, preserve your autonomy, and give your loved ones clarity when they need it most. Thoughtful estate planning isn’t about fear — it’s about control, confidence, and peace of mind.
We Can Help
Ready to get your own affairs in order? Start by booking a Peace of Mind Planning Session. We will answer your questions, go over your options, and discuss our unique flat-fee pricing.
Many people assume that when they need help later in life, a spouse, child, or close friend will step in. But that assumption is becoming increasingly risky. Today, more than 16 million Americans over age 65 live alone, and most have no formal plan for long-term care or decision-making support as they age.
Longer lifespans, higher divorce rates, and families spread across the country mean more people are aging without a built-in support system. Even when adult children live nearby, busy schedules, financial pressures, and emotional stress often make caregiving far more complicated than expected.
The Risks of Aging Without a Plan
Living alone as you age isn’t just about loneliness - it’s about safety, autonomy, and dignity. Health emergencies, cognitive decline, or mobility challenges can arise suddenly. Without clear legal and care instructions, decisions are often made in crisis.
Many families discover too late that they never discussed critical questions, such as:
● Who should make medical decisions if I can’t?
● Do I want to age at home, move to assisted living, or consider memory care?
● What treatments do I want - or not want - at the end of life?
Without written guidance, loved ones are forced to guess. Disagreements can arise, relationships can fracture, and outcomes often don’t reflect what the person would have chosen for themselves.
Why Old Estate Plans Often Fail
Even people who have estate planning documents may still be unprotected. Laws change. Assets change. Relationships change. A plan created years ago may no longer align with your wishes, or even work when needed.
Outdated documents can leave gaps in authority, create confusion, or require court involvement just when your family is under the most stress.
How Comprehensive Estate Planning Protects You
A modern estate plan does more than distribute assets. It creates a clear roadmap for care, decision-making, and financial protection if you become incapacitated.
A well-designed plan can:
● Clearly name decision-makers and alternates
● Document your care and medical preferences
● Reduce family conflict and uncertainty
● Protect your independence and personal wishes
● Ensure assets are properly managed and preserved
Plan Now for Peace of Mind Later
Aging is inevitable. Chaos is not.
By planning ahead, you protect yourself, preserve your autonomy, and give your loved ones clarity when they need it most. Thoughtful estate planning isn’t about fear — it’s about control, confidence, and peace of mind.
We Can Help
Ready to get your own affairs in order? Start by booking a Peace of Mind Planning Session. We will answer your questions, go over your options, and discuss our unique flat-fee pricing.
Should You Create Your Will Online? Read Before Clicking “Download”
It All Begins Here
If you search online for “create a will,” you’ll find dozens of websites promising fast, cheap, even free estate planning documents. And yes, you can legally create a will online.
But here’s what most of those sites don’t explain: a poorly designed or improperly executed will can be worse for your family than having no will at all.
Before you rely on an online will, there are a few critical questions you need to ask.
Will an Online Will Keep Your Family Out of Court?
If your goal is to keep your family out of court when you die or become incapacitated, a will alone won’t do that. A will must go through probate - a court-supervised process that can be slow, expensive, and public.
Online wills don’t explain how probate actually works or how assets move after death. They also don’t account for beneficiary designations, jointly owned property, or trusts - all of which may override what your will says.
If you want to minimize court involvement, a will is only one small piece of a much larger plan.
Is the Will Properly Signed Under State Law?
Every state has strict rules about how a will must be signed to be legally valid. Miss a step — the wrong witnesses, improper notarization, or an execution error — and the court can invalidate the entire document.
If that happens, the law treats it as if you never made a will at all. A judge decides who’s in charge, and your assets pass according to state law - not your wishes. Online services can’t ensure your will is executed correctly. That part is entirely on you.
Does Your Will Actually Work When It’s Needed?
Naming an executor sounds simple — until it isn’t. Online wills often fail to address backup executors, bond requirements, or state-specific rules that can disqualify the person you chose. If your executor can’t qualify, the court steps in and appoints someone else. That’s not a rare problem. It’s a common one.
Online wills aren’t “bad”, but they’re incomplete. They don’t consider your family dynamics, your assets, or how the law actually plays out after death.
We Can Help
Ready to get your own affairs in order? Start by booking a Peace of Mind Planning Session. We will answer your questions, go over your options, and discuss our unique flat-fee pricing.
Green Funeral Options: How Your Final Choices Can Protect the Planet
It All Begins Here
Many people don’t think about the environmental impact of death. But the reality is this: traditional burial and cremation come with significant environmental costs, and those costs are growing as our population ages.
Conventional burial typically involves toxic embalming fluids, steel caskets, and concrete vaults. In the U.S. alone, this process consumes tens of thousands of trees, massive amounts of steel and concrete, and millions of gallons of embalming chemicals every year. Cremation, often seen as the “greener” alternative, still relies on fossil fuels and releases substantial carbon emissions.
The good news? You have options. And more people are choosing them.
A Return to More Natural End-of-Life Choices
Green funerals aren’t new. They were the norm before modern industrial burial practices took hold. Today, they’re making a comeback as people look for end-of-life choices that are simpler, more affordable, and far less harmful to the environment.
Some of the most common green options include:
● Green burial, which avoids embalming, concrete vaults, and non-biodegradable materials
● Aquamation (also called water cremation), a water-based alternative that avoids burning fossil fuels
● Human composting, which transforms remains into nutrient-rich soil
● Tree or forest burials, where remains nourish new plant life
● Living memorials, such as reef or conservation burials, where allowed by law
Each option has different costs, legal requirements, and availability depending on your state.
Why These Wishes Must Be in Your Estate Plan
Choosing a green funeral isn’t enough. If your wishes aren’t clearly documented (and funded), your family may not be able to carry them out.
Funeral expenses are usually due immediately. Money left in a Will often isn’t accessible until probate is complete, which can take months. That means loved ones may be forced to pay out of pocket or default to traditional options simply because they’re easier.
This is why I often recommend planning for funeral expenses and instructions outside of a Will, such as through a properly structured Revocable Living Trust. That allows funds to be available right away and ensures your wishes are legally enforceable.
A Final Act of Care
With thoughtful planning, your death can be easier on your family and gentler on the planet. Estate planning isn’t just about assets. It’s about values, choices, and leaving less mess behind. If green end-of-life planning matters to you, let’s make sure your plan actually works when it’s needed.
We Can Help
Ready to get your own affairs in order? Start by booking a Peace of Mind Planning Session. We will answer your questions, go over your options, and discuss our unique flat-fee pricing.
What Happens to Your Debt When You Die—and How to Protect Your Family
It All Begins Here
One of the questions I hear most often is: What happens to my debt when I die? Or, just as often: What happens to my parent’s debt?
The answer is: it depends. And whether that answer causes stress for your family - or peace of mind - comes down to planning.
Debt doesn’t magically disappear when someone dies. Outstanding debts are generally paid from the deceased person’s estate, or by anyone who is legally responsible for them, such as a co-signer. That’s why your estate plan shouldn’t just focus on what you own. It must also account for what you owe.
How Debt Is Handled After Death
When someone dies, an executor (or personal representative) is responsible for wrapping up their financial affairs. If probate is required, creditors are given a specific window of time to file claims against the estate. Valid debts are paid before any inheritance is distributed.
Assets that pass outside of probate, like life insurance, retirement accounts, and accounts with beneficiary designations, typically go directly to beneficiaries and are not part of the probate estate. That means beneficiaries may receive less from the estate if debts are high, but protected assets may still pass intact.
If the estate doesn’t have enough assets to pay unsecured debts, such as credit cards, those debts are often written off. However, secured debts (like mortgages or car loans) are handled first, and state laws can affect the outcome.
When Family Members Are Responsible
Most of the time, your family does not inherit your debt. But there are key exceptions:
● If someone co-signed a loan or credit card
● If assets or accounts were jointly owned
● If you live in a community property state
● If state law assigns responsibility for certain medical expenses
This is where assumptions get people into trouble.
Why Planning Matters—Even If You Have More Debt Than Assets
Avoiding probate through tools like a revocable living trust can create more flexibility, reduce court involvement, and allow your loved ones to negotiate with creditors more effectively. Planning ahead gives your family options instead of forcing them into damage control.
Good estate planning isn’t about avoiding responsibility; it’s about preventing unnecessary harm.
We Can Help
Ready to get your own affairs in order? Start by booking a Peace of Mind Planning Session. We will answer your questions, go over your options, and discuss our unique flat-fee pricing.