7 Signs Your California Estate Plan May Be Outdated — And What To Do About It

 Life isn’t static—and neither is a good estate plan. As your circumstances, finances, and relationships evolve, so should your estate documents. Yet many Californians create a will or trust and then leave it untouched, unaware that outdated documents can create confusion, conflict, and even legal problems for their families.

If your estate plan hasn’t been reviewed in a while, now is a great time to check for warning signs. Here are seven common reasons your California estate plan might need an update, and what you can do to ensure your plan still protects the people and assets that matter most.

1. Your Beneficiary Designations Are Outdated

Think about the beneficiaries listed on your life insurance policies, retirement accounts, and payable-on-death (POD) accounts. Have you checked those lately?

Beneficiary designations often bypass your will or trust entirely—so even if you updated your estate plan, those accounts may not follow the same instructions. For example, if you forgot to remove an ex-spouse or never added a new child or grandchild, the distribution could go to someone you didn’t intend.

This mistake is more common than you might think. People often assume their estate plan governs everything, but outdated forms on file with insurance companies or financial institutions take legal priority.

What to do: Review your beneficiary forms anytime you experience a major life event—marriage, divorce, birth of a child, or death in the family. Make sure your will or trust works in harmony with your account designations.

2. You’ve Married, Divorced, or Changed Relationships

Any significant change in your relationship status should prompt an update to your estate plan. Whether you’ve recently married, divorced, lost a spouse, or entered a long-term relationship, your plan needs to reflect your current wishes.

In California, a community property state, a new marriage can affect what assets are considered joint versus separate property. Your spouse may be entitled to more (or less) than you think, depending on how your plan is structured. And if you're divorced, failing to update your plan may result in your former spouse receiving property, managing your finances, or making your health care decisions.

Also consider other relationships: Have you fallen out of touch with someone named in your plan? Or grown closer to a new partner or friend who isn’t yet included?

What to do: Revisit your will, trust, power of attorney, health care directive, and beneficiary forms after any relationship shift. Remove people you no longer trust, and include those who now play a meaningful role in your life.

 3. Your Family Has Grown

Welcoming a new child or grandchild is one of life’s most exciting moments—and also one of the most important times to revisit your estate plan.

If your plan was created before their birth or adoption, they may be unintentionally excluded. While California law does offer protections for "omitted heirs" in some cases, it’s far better to be proactive and make sure your intentions are clearly written into your documents.

If you have minor children, your will should name guardians—trusted individuals who will step in if something happens to you. And if you’ve set up a trust for your children or grandchildren, you may want to fine-tune how and when they receive their inheritance, or add new provisions for education, housing, or other support.

What to do: Add your new child or grandchild by name to your will or trust. Update guardianship designations, and confirm that your wishes for how funds are managed for minors still make sense as they grow older.

 4. Your Financial Picture Has Changed

Your estate plan should reflect what you own. If your assets have changed significantly, it’s time to make adjustments.

Did you buy or sell a home? Start a business? Receive an inheritance? Open a new investment account? These events change the composition of your estate and may impact how your assets should be titled—or whether probate can be avoided.

In California, if your estate includes more than $208,850 in assets not covered by a trust or beneficiary designation, your loved ones may have to go through probate. A well-drafted, properly funded trust can help keep your estate out of court—but only if it’s updated to include your current assets.

Also consider whether your financial growth might expose you to estate taxes in the future. As of now, many people fall under the federal exemption, but those limits are scheduled to shrink in 2026.

What to do: Review your assets regularly and ensure your trust is funded. Update your will and trust language to reflect any major gains or losses. If your net worth has increased substantially, speak to an attorney about potential tax strategies.

 5. The Law Has Changed

State and federal laws governing estate planning and taxes are not carved in stone. They evolve—and when they do, your plan needs to evolve too.

For example, California’s Proposition 19, which took effect in 2021, changed how property tax assessments work when real estate is transferred to children or grandchildren. Many trusts created before 2021 don’t account for this, which could result in significant tax increases for your heirs.

On the federal side, estate tax exemptions are scheduled to be cut roughly in half in 2026 unless Congress acts. If your estate plan relies on strategies designed for today’s higher limits, you may want to reevaluate.

Other changes—such as rules for inherited retirement accounts under the SECURE Act—can also impact how quickly beneficiaries must take distributions and how taxes apply.

What to do: If your plan is more than a few years old, or you created it before major changes like Prop 19, it’s time to schedule a review. Even small tweaks can make a big difference in tax savings and asset protection.

 6. You’ve Moved to or from California

Estate planning laws vary widely by state. If you’ve moved into or out of California since creating your estate plan, it’s a good idea to have it reviewed by an attorney licensed in your new home state.

California has unique rules regarding community property, property tax assessments, probate thresholds, and even the formatting of legal documents. While a will or trust drafted in another state may still be legally valid, it may not operate as efficiently under California law.

Additionally, health care directives and financial powers of attorney are more effective when they follow your current state’s format—doctors and financial institutions are more likely to honor documents they recognize.

What to do: After relocating, update your estate plan to comply with local laws and conventions. This is especially important if you own real property, have a spouse, or want to avoid probate in your new state.

 7. The People You’ve Named Are No Longer Ideal

Your estate plan names individuals to serve important roles: executor, trustee, guardian, and agents for financial or medical decisions. But people change—and so do relationships.

Maybe the person you named to raise your children has moved away or no longer aligns with your values. Perhaps your trustee has developed health issues, or you simply aren’t close anymore. Or maybe you now have someone else in your life you trust more.

Outdated appointments can cause serious problems during a time of grief or crisis. The wrong person in charge can lead to delays, mismanagement, or even legal disputes.

What to do: Periodically review who you’ve appointed to these key roles. Confirm that they are still trustworthy, capable, and geographically available. If not, update your documents and consider naming a backup as well.

 Keep Your Plan Current—Your Family Will Thank You

Your estate plan is one of the most important gifts you can leave behind—not just financially, but emotionally. A clear, updated plan gives your loved ones peace of mind, avoids unnecessary court proceedings, and ensures your wishes are followed.

Most estate planning attorneys recommend reviewing your plan every 3 to 5 years—or any time a major life change occurs. That includes marriages, divorces, births, deaths, relocations, new assets, or legal changes that affect your estate.

Don’t wait until something goes wrong. A quick review now can prevent confusion, conflict, and expense later.

 Let Devey Law Help You Update with Confidence

If any of these signs sound familiar, it may be time to take a fresh look at your estate plan. At Devey Law, we help California individuals and families create and maintain estate plans that evolve with life’s changes.

Whether you need a full update or just a few adjustments, we’re here to make the process simple, thoughtful, and personalized.

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.