When it comes to estate planning in California, two tools come up again and again: the revocable living trust and the last will and testament. Both let you control who receives your assets when you die—but they work very differently.
At O’Hare Law Office, we walk every client through the pros and cons of each approach. Here’s a clear breakdown to help you understand which might be right for your family.
What Is a Will?
A will is a legal document that:
- States who inherits your property after you pass away
- Names a guardian for minor children
- Appoints an executor to handle your estate
Sounds simple, right? But there’s a catch—a will must go through probate.
What’s Probate?
Probate is the court-supervised process for validating a will and distributing assets. In California, probate can be:
- Expensive (attorneys and executors are paid by statute—often tens of thousands of dollars)
- Time-consuming (commonly 12–18 months)
- Public (anyone can view the court file)
What Is a Revocable Living Trust?
A revocable living trust is a legal document where:
- You transfer ownership of assets (home, bank accounts, etc.) into the trust
- You manage those assets as trustee while alive and well
- You name a successor trustee to manage and distribute them upon incapacity or death
✅ No court involvement is required. Your family avoids probate entirely if the trust is properly funded.
Key Differences at a Glance
Feature | Will | Revocable Living Trust |
Avoids Probate? | ❌ No | ✅ Yes |
Goes into effect when? | After death | Immediately upon signing |
Covers incapacity? | ❌ No | ✅ Yes |
Privacy? | ❌ Public court record | ✅ Private |
Ease of updates? | Simple changes via codicil | Easily amended or restated |
Needs court involvement? | ✅ Yes (through probate) | ❌ No (if properly maintained) |
Cost to establish? | Lower upfront cost | Higher upfront, but avoids probate fees |
Which One Should You Choose?
A Will may be appropriate if:
- Your estate is small—under $208,850 in total value in CA (this includes the cumulative value of your home and all bank accounts)
- You’re okay with probate
- You need a basic plan to name guardians for your children
A Revocable Living Trust is usually the better fit if:
- You want to avoid probate
- You own real estate in California (especially over $50,000 in value)
- You want privacy
- You want a plan that works in case of incapacity, not just death
⚠️ Bonus Tip: Most Californians Need Both
Even if you create a living trust, you’ll still need a “pour-over will.” This is a safety net that directs any accidentally omitted assets into the trust—and still names guardians for minor children. Our comprehensive estate plans also include this important document.
✅ Let’s Design the Right Plan for You
At O’Hare Law Office, we help California families build estate plans that avoid court, protect loved ones, and work when they’re needed most. We’ll walk you through your options and help you create a plan you can feel confident about.
📞 Ready to get started? Contact us today for a free consultation.