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.