Think a Will Is Enough? What Happens if You Die Without a Trust in California?
When it comes to estate planning, many Californians assume that having a will is all they need. It’s a common belief that a valid will allows your assets to pass smoothly to your loved ones without court involvement. Unfortunately, that’s a misconception. In reality, dying with a will—but without a trust—often means your estate must go through probate: a court-supervised process that can be time-consuming, expensive, and public.
This post explains what a will does (and doesn’t do), what probate in California actually looks like, and how having a trust can spare your loved ones delays and stress during an already difficult time.
What a Will Does—And Doesn’t Do
A will lets you name beneficiaries for your property, appoint guardians for minor children, and choose an executor to handle your estate. It provides clear direction after your death and avoids having your estate divided by California’s default laws.
But a will has limitations:
It doesn’t avoid probate. A will is submitted to probate court after your death and is essentially a set of instructions for the court to follow. The estate must still be administered under court supervision, with required notices, filings, and delays.
It only takes effect when you die. A will cannot help manage your affairs if you become incapacitated. That’s why it’s often paired with tools like powers of attorney and advance health care directives.
It doesn’t control all your assets. Jointly owned property, retirement accounts with beneficiaries, and life insurance proceeds often bypass the will. But many common assets—such as real estate titled solely in your name—require probate even with a will.
It requires court approval to carry out. Your executor must be formally appointed by the court before they can access accounts, sell property, or distribute assets. Until that happens, everything is in legal limbo.
So, while having a will is certainly better than having nothing, it doesn’t keep your estate out of court. In most cases, it actually guarantees probate.
Probate in California: What to Expect Without a Trust
Probate is the legal process used to settle a person’s affairs after death. If you die with a will and no trust, your executor (or a family member) must file the will with the probate court in the county where you lived.
From there, the process typically includes:
Filing a petition and scheduling a hearing. This begins the case and asks the court to appoint the named executor. Notices must be sent to heirs and beneficiaries, and a legal notice must be published in a newspaper.
Inventorying and appraising the estate. The executor must locate and value all assets subject to probate. Real estate and other non-cash assets are appraised by a court-appointed probate referee.
Notifying creditors and paying debts. Creditors have a four-month window to file claims. Valid debts must be paid before assets can be distributed.
Managing and reporting to the court. Throughout the process, the executor may need to file accountings, status reports, or petitions to sell property.
Distributing assets and closing the estate. After paying debts and expenses, the executor seeks court approval to distribute the remaining assets to beneficiaries. Once approved, the estate can be closed.
Even simple estates in California often take 9–18 months to complete. More complex or contested estates can take several years.
Why No Trust = Probate
If you don’t have a trust, any assets titled in your name alone—real estate, bank accounts, vehicles, etc.—will generally require probate to transfer to your heirs, unless they fall below California’s “small estate” thresholds. As of 2025, this threshold is about $208,850 for personal property. However, a recent California law now allows primary residences valued at $750,000 or less to avoid full probate through a simplified court process. While this is a helpful development for some families, many estates—especially those with multiple assets or higher property values—still exceed these limits. Most homeowners surpass the threshold automatically, making probate a likely requirement without a trust in place.
Common Misconceptions About Wills and Probate
Let’s clear up a few common misunderstandings:
“If I have a will, I avoid probate.” False. A will requires probate unless your estate is very small or all your assets pass via beneficiary designations, joint ownership, or a trust.
“Probate is simple and fast.” Not in California. Even uncontested cases usually take a year or more, and involve multiple filings, hearings, and required waiting periods.
“Only wealthy people need trusts.” Also false. In California, anyone who owns a home or has more than modest assets can benefit from a trust. It’s about avoiding court, not just taxes.
The Benefits of a Living Trust
A revocable living trust is one of the best tools to avoid probate. With a trust, your assets are owned by the trust during your lifetime. You still control them, but upon your death, your successor trustee can distribute them without court involvement.
Key advantages of a trust:
Avoids probate. No court supervision is required for assets held in a trust, which can be administered privately and more quickly.
Preserves privacy. Unlike a will, your trust is not filed in court or made public.
Saves money. While a trust requires some upfront cost to create and fund, it often avoids thousands in probate fees later.
Provides incapacity planning. Your chosen successor trustee can step in to manage the trust assets if you become unable to do so.
Gives you more control. Trusts can include detailed instructions, such as staggered distributions to beneficiaries, or management for young or vulnerable heirs.
Even if you have a trust, you’ll still need a will—usually a “pour-over will” that catches anything left outside the trust and directs it into the trust after death. But the goal is to have all major assets titled in the trust to avoid probate entirely.
Why Planning Ahead Matters
It’s never too early to create an estate plan. In California, where even modest estates often require probate, taking proactive steps—like creating a living trust—can make a world of difference for your loved ones.
A will-only plan means your family may be tied up in court for a year or more, dealing with stress, legal fees, and delays. A trust-based plan offers a smoother, faster, and more private transition of your assets.
Estate planning is about more than just distributing your assets. It’s about easing the burden on your family, minimizing costs and delays, and ensuring your wishes are followed. A little planning now can save your loved ones a lot of time, money, and stress later.
At Devey Law, we help Californians create personalized, efficient estate plans that fit their goals—whether you’re just starting out or revisiting your plan after a major life change. Reach out today to learn how a trust-based plan can give you and your family lasting peace of mind.
Need help with Incapacity Planning, Estate Planning, Trust Administration, Probate, or Business Law? Devey Law is here for you. Call us at 805.720.3411 or email info@deveylaw.com to schedule a consultation.
This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship between you and Devey Law, A Professional Law Corporation. Laws and regulations may change, and the information provided may not reflect the most current legal developments.
