When a California family loses someone, one of two processes decides what happens next. Which one your family gets was decided years earlier, by whether a plan was in place. Here is the honest, side-by-side comparison.
The side-by-side
| Probate (no trust) | Living trust | |
|---|---|---|
| Timeline | Typically 12 to 18 months in Los Angeles County before heirs receive anything | Usually weeks; the successor trustee acts immediately |
| Cost | Statutory fees set by law on the gross estate (see table below), plus court costs, appraisals, and delays | One-time cost to create the plan; administration costs are typically a small fraction of probate |
| Privacy | Public court file: assets, values, debts, and heirs visible to anyone, and anyone can file a claim | Private. No public record of what you owned or who received it |
| Control | California's default rules and the court decide timing; heirs receive everything outright at 18 | You decide who, when, and how, including holding an inheritance until children are ready |
| Incapacity | No help at all. It may require a separate court conservatorship while you are alive | Your chosen successor trustee steps in immediately, no court |
| Both owners die together | Two probate cases over the same home | The trust's instructions simply apply, with no court either way |
What probate costs on a California estate
California sets attorney and personal-representative fees by statute, each calculated on the gross value of the estate, the market value of your home before subtracting the mortgage:
| Gross estate value | Statutory fee (each) | Combined attorney + representative |
|---|---|---|
| $500,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $36,000 |
| $1,000,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $66,000 |
With the median Valley home now well above $900,000, an "ordinary" estate routinely generates $40,000+ in statutory fees, before extraordinary fees, court costs, or a second probate at the other spouse's death.
Estimate your family's exposure
- Write down the market value of your home (Zillow is close enough): $________
- Add other titled assets not covered by beneficiary designations: $________
- Find the total in the fee table above. That is the starting bill, per probate.
- If you co-own as joint tenants, remember: this bill is postponed, not avoided. It arrives at the second death, on the appreciated value.
The honest caveats
- A living trust is not free. You are paying for judgment and a plan built around your family, not a stack of forms.
- A trust only works if it is funded: your home and accounts must actually be titled into it. (We handle the deed as part of every plan.)
- Small estates (under California's small-estate threshold) may qualify for simplified procedures, but a Valley home alone puts most families far past it.
Estate Planning: Explained
Attorney Maria V. Primushko walks through title, probate, and living trusts in plain English. Zoom, 12:00 to 1:00 PM, free. Bring this guide and your questions.
Save My SeatThis guide is for informational purposes only and does not constitute legal advice. Every family's circumstances are unique. Attorney Advertising. Contact MVP Law Group for a consultation tailored to your situation.