Living Trust vs. Will: Which One Do You Really Need in California?

If you're beginning the estate planning process in California, you’ve probably asked yourself: Do I need a will or a living trust - or both?

This is one of the most common estate planning questions we hear, and for good reason. California's probate laws are unique, and choosing the right tools can make a big difference in how your assets are passed on, how much it costs, and how smooth the process is for your loved ones.

In this post, we’ll answer common questions like:

• What’s the difference between a will and a living trust in California?

• Is a living trust better than a will for avoiding probate?

• Do I need both a will and a trust?

Let’s break it down:

Will vs. Living Trust: What’s the Difference?

Understanding the difference between a will and a living trust is key to making the right choice for your estate plan. Here's a side-by-side comparison to help you weigh your options:

Feature	Will	Living Will and Trust
When it takes effect	After Death	Immediately upon creation
Avoids probate in California	No	Yes (if assets are properly titled)
Privacy	Becomes public record	Remains private
Cost to set up	Lower initial cost	Higher upfront cost
Cost after death	Probate fees can reduce estate value	Typically lower administrative costs
Names guardians for kids	Yes	Needs a will for this
Helps manage incapacity	No	Yes

Real-Life Example: Why a California Couple Chose a Living Trust

Let’s look at Tom and Linda, a retired couple in Southern California with a home, retirement savings, and two adult children.

They originally created a simple will years ago. But after attending a financial seminar, they started asking Should we get a living trust instead of just a will?

Here’s what they found:

• Probate in California is expensive and time-consuming. Their estate could face significant fees and months (or years) in probate court.

• A living trust would keep their affairs private - unlike a will, which becomes a matter of public record.

• If one of them became incapacitated, a living trust would allow the other to step in and manage finances without needing court approval.

With the help of an estate planning attorney, they created a revocable living trust, transferred their assets into it, and also created pour-over wills to handle anything outside the trust.

Do You Need a Living Trust or a Will in California?

Here’s how to decide what’s right for your situation:

You may only need a will if:

• Your total estate is valued under California’s probate threshold of $184,500

• You don’t own real estate

• You need to name guardians for minor children

• You’re not concerned about probate costs or public record

You should consider a living trust if:

• You own a home or other real estate in California

• You want to avoid probate court

• You value privacy in your financial affairs

• You want a clear plan if you become incapacitated

You likely need both a will and a trust if:

• You want the efficiency and privacy of a trust

• You also need to name guardians for children

• You want to ensure all bases are covered, even for assets not placed in the trust

Common Questions About Wills and Trusts in California

Does a living trust avoid probate in California? Yes, if your trust is properly funded (meaning your assets are transferred into the trust), your estate can avoid probate completely.

Is a will enough to avoid probate in California? No. Even with a valid will, your estate will still go through the probate process unless it falls under California’s small estate limit.

How much does it cost to set up a living trust in California?While initial setup costs are higher than a will, a trust can save your family thousands in court and attorney fees down the line.

Can I update my living trust if my situation changes? Absolutely. A revocable living trust can be updated or amended at any time while you’re alive and competent.

Final Thoughts: Build the Estate Plan That’s Right for You

Choosing between a will and a living trust isn't always straightforward—but getting it right can spare your family time, stress, and unnecessary expenses.

At Anthony Saccaro Law, we help Californians make informed, confident estate planning decisions every day. Whether you're starting from scratch or need to update a plan that no longer fits your future, we’ll help you create a strategy that honors your wishes and protects your loved ones.

Call (818) 832-6092 or Contact us online to schedule a complimentary phone consultation with one of our legal experts.