How Much Does Estate Planning Cost in California?

No one should make decisions about how your assets will be distributed upon your passing but you. If you do not have a will or trust while you are alive, your assets and property will be distributed based on California’s intestate laws. To avoid this, you should hire a lawyer for your estate planning needs. Many people may ask the question, “How much does estate planning cost in California?”

Estate Planning Laws in California

If you do not have a will, California’s intestate succession law dictates that the next closest relative receives your property and assets. This is typically the surviving spouse or a domestic partner. Then, it goes down the line to a child, a grandchild, a parent, and a sibling. The judge will ultimately decide who gets priority.

However, if you have a will or directive in place, it will clearly determine who receives your property and assets when you die. In some cases, your assets must go through probate, which is the legal process for distributing assets and property. Probate is determined by a person’s estate value, with larger estates typically having to go through probate court.

Estate Planning Process in California

Your lawyer can help you with your estate planning process, ensuring that all your documents are legally binding. Some factors that you may consider when planning your estate include:

• Assigning someone to pay your bills and taxes when you die
• Entrusting someone to make decisions for your children if you have them, such as medical and education decisions
• Creating a living trust that lists a benefactor who will receive your property upon your passing
• Enlisting someone who will receive your belongings
• Determining a power of attorney to make medical decisions and other important decisions
• Speaking on your behalf in probate court if necessary

When you are ready to start the estate planning process, several steps are involved. Your lawyer can guide you through each step, ensuring your interests are protected and your wishes are respected. The general steps of estate planning in California are as follows:

1. Define your goals. It is important to be clear about the objectives and goals of your estate plan. Will one person be a beneficiary, or will several?
2. Create your will. Without a will, which is a legal document, it is difficult for your wishes to be carried out. You can clearly state how your assets and property will be distributed upon your passing.
3. Determine trusts. In addition to or in lieu of a will, you may also want to name a trustee to distribute your assets. A trust also provides flexibility and may enable you to avoid going through probate.
4. Assign beneficiaries. You need to determine who will receive your assets and property upon your death. This may be next of kin or someone else of your choosing.
5. Create a Plan B for incapacitation. If, for some reason, you become incapacitated, you should have a Plan B in place.
6. Plan for taxes. Tax responsibility does not end when a person dies. It is wise to assign a person to handle any unpaid taxes you may be accountable for upon your passing.
7. Review and update your plan on a regular basis. Plans and circumstances always change. Therefore, it is important to review your estate plan and update it on a regular basis to keep it up to date.

Estate Planning Costs in California 2025

Each of the aforementioned factors requires documents and paperwork that have associated filing fees. For example, the deposit for estate planning documents is $20, but the court filing fee for probate is about $435. The most expensive fees are likely to be lawyer fees, which can vary depending on the complexity of your case, the amount of assets you have, whether you need a will or trust drafted, and other factors.

It is wise to speak with your lawyer beforehand to get a better understanding of their fees and rates for estate planning.

FAQs

How Much Does an Estate Plan Cost in California?

The cost of an estate plan in California depends on your individual case. Estates with fewer assets tend to be less costly than higher-value estates. The documentation fee deposit for estate planning is relatively low. However, each attorney sets their own rates for their time. As a general rule, higher-value estates may be more costly than lower-value estates.

Why Is Estate Planning So Expensive?

Estate planning may seem expensive, but it may be less costly in the long run. Putting your estate in the court’s hands may prove more costly if you do not have an estate plan in place. This is because your property and assets will be at the mercy of the court rather than you deciding for yourself.

What Are the Seven Steps in the Estate Planning Process?

There are seven general steps in the estate planning process, though they are different for each case. In general, the steps for estate planning are:

• Define your goals.
• Create your will.
• Determine trusts.
• Assign beneficiaries.
• Create a Plan B for incapacitation.
• Plan for taxes.
• Review and update your plan on a regular basis.

Is It Better to Have a Will or a Trust in California?

In California, it may be better to have a living trust to avoid probate. Probate in California can be expensive and time-consuming. However, some estates must go through probate, so it is wise to have both a will and a trust just in case. While a will dictates how your assets will be distributed upon your death, a trust entrusts someone to distribute your assets upon your death.

Versatile Estate Planning Lawyers at Your Service

Contrary to popular belief, estate planning is not just for the wealthy. Estate planning is for everyone. Whether you need a will created, help with important paperwork and documentation, or you need a living trust set up, having an experienced lawyer by your side is invaluable.

While you may think estate planning is expensive, it is more costly to allow an impartial court to make a personal decision for you. If you have questions about estate planning or are ready to start the process, contact us today for a consultation.