If you own real estate in California and haven’t placed it in a living trust, your property is almost certainly going through probate. Many homeowners assume a will is enough to ensure their wishes are followed. Unfortunately, in California, a will alone does not prevent your estate from entering probate court.

This process can be lengthy, expensive, and public, which is often the exact outcome my clients hope to avoid.

Understanding Probate in California

Probate is the court-supervised process of settling a person’s estate after death. If you own a home and pass away without a trust, your estate will be subject to this system, regardless of whether you had a valid will.

Here’s what that typically involves:

-Court fees and legal costs that often total thousands of dollars
-Delays ranging from several months to over a year before your heirs gain access to the property
-Public records detailing the value of your estate and who stands to inherit it
-Judicial oversight over every major step, including property sales and distributions

In a state like California, where real estate values are often high, the probate threshold is quickly exceeded. If the total value of your assets is more than $184,500 (a figure that includes the equity in your home), the estate will need to pass through probate unless proper planning is in place.

Why Real Estate Is Especially Vulnerable

Homes are more than financial assets. Homes carry emotional value, family history, and long-term stability. Yet without a trust, even a modest home can be tied up in court. During that time, heirs may struggle to maintain mortgage payments, keep up with property taxes, or handle urgent repairs.

In some cases, surviving family members are forced to sell the home just to cover probate-related expenses.

How a Living Trust Helps

A revocable living trust allows you to place your home and other key assets under the control of a trustee you choose. You retain full ownership and control while alive, and the successor trustee steps in after your death to distribute the home according to your instructions—without the involvement of the probate court.

This ensures:

-Immediate access to the property for your loved ones
-A private, streamlined transition
-Protection from delays and unnecessary legal fees
-A more flexible, tailored estate plan that reflects your unique situation

Planning Ahead Matters

If you’re a homeowner in California, estate planning should include more than just a will. A living trust is one of the most practical tools available to protect your property, reduce the burden on your family, and avoid unnecessary legal complications.

At my office in Palm Springs, I work with individuals and couples to create living trusts that fit their needs and preserve what they’ve worked hard to build.

To learn more about how a trust can help you protect your home, or to schedule a consultation, please contact our office at (760) 673-7600.