Most people focus on taxes this time of year—but overlook the one plan that controls everything. Tax season is the ideal time to make or update your estate plan and ensure your assets are properly protected under California law.

Even with a valid will, your estate may still go through California probate—a time-consuming and costly court process. This blog breaks down what happens if you pass away with only a will, why probate is often unavoidable, how new laws may help certain homeowners avoid it, and how a living trust can streamline the process for your loved ones.

As of April 1, 2025, California’s updated small estate laws streamline probate for primary residences — but leave non-primary real estate, like rentals, vacation homes, and vacant land, in a tricky spot. Under the new rules, if non-residential property is valued over $69,625, heirs may no longer use simplified procedures and could face full probate. Learn how this change impacts families and what planning steps can help avoid unnecessary court proceedings.

Proposition 19 has drastically changed how real estate is inherited in California—especially when passing property to children or grandchildren. What was once a straightforward way to preserve low property taxes within families is now a complex process with strict deadlines, residency requirements, and value caps. If your estate plan involves real estate, this law could have significant financial consequences. Learn how Prop 19 affects parent-child transfers, why many older plans are now outdated, and what you can do to protect your family’s home and legacy.

Estate planning often involves preparing for the possibility that you may one day become unable to manage your own affairs. In California, a well-crafted revocable living trust includes provisions for what happens if the person who created the trust (the settlor) becomes incapacitated. A key question is how to determine incapacity: Should your successor trustee be allowed to declare you incapacitated and take over without a doctor’s certification?

Incapacity can happen when you least expect it. In California, both a revocable living trust and a durable power of attorney (DPOA) can help avoid court involvement and ensure someone you trust can manage your affairs. But not all trusts include the right provisions for incapacity. This blog explains how these two tools work, their key differences, and why having both—properly drafted—is essential for a complete incapacity plan.