Ken Lam Realty · Tools

Living trust or a will: what does probate cost my family?

Enter your home and other assets. See the California probate fees a trust could save, how long probate takes, and when a transfer-on-death deed is enough.

Home value (today's price)

Mortgage left (0 if paid off)

Other assets in your name only (bank, stocks, car. Skip 401k, IRA, life insurance that already name a beneficiary)

Married?

Kids under 18?

Own real estate in another state?

Probate fees a trust could avoid

Gross estate (mortgage not subtracted)$0
Attorney fee §10810$0
Executor fee §10800$0
If it were based on equity (it is not)$0
Living trust setup (estimate, attorney-drafted)$0
Probate time (estimate)9–18+ months

Will, trust or TOD deed, side by side

	Will	Living trust	TOD deed

TOD deed: the cheaper option for the house only

Next steps

List every asset and how it is titled. Your deed shows "joint tenancy", "community property" or a trust name. Check beneficiaries on 401k, IRA and life insurance too.
Talk to a California attorney who does estate planning. Get a flat-fee quote in writing. No lawyer yet? Use a State Bar certified lawyer referral service. Santa Clara County Bar: 669-302-7803, 30 minutes for a $45 fee.
A trust only works if the house is deeded into it. Ask the attorney to record the new deed, then check it on the county recorder site.
Plan to leave the home to a child? Read the Prop 19 rules first: T25 Prop 19 parent-child. When to call a lawyer for other cases: T120.

Common misconception: "Probate fees are based on my equity, and I still owe a lot, so it's cheap." Wrong. California fees are based on the gross value of what goes through probate. The mortgage is not subtracted. A $1.4M home with $450K owed is billed as $1.4M.

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