Forms for Planning and Settling an Estate in California

Free California forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Last Will and Testament

In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitCal. Prob. Code § 6110Verified Oct 18, 2026View source.

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Healthcare Power of Attorney

California allows a choice for a healthcare power of attorney: 2Cal. Prob. Code § 4701Verified Oct 15, 2026View source witnesses or a notary.

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Financial Power of Attorney

California requires explicit durability language for a power of attorney to survive incapacityCal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source, and it is signed before 2Cal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source witnesses or a notary.

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Pour-Over Will

In California, a pour-over will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Transfer on Death Deed

In California, a revocable transfer on death deed is signed before a notaryCal. Prob. Code 5600-5698Verified Oct 18, 2026View source and 2Cal. Prob. Code 5600-5698Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source, within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization.

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All California forms

Tools for Planning and Settling an Estate in California

Free calculators and checklists for planning or settling an estate in California: will and trust costs, probate, executor pay, and inheritance taxes.

Trust or Will: Which Costs Less?

In California, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.

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Do I Need a Revocable Trust?

Probate in California takes 9 months to 12 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; assets held in a revocable trust skip both.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in California runs $4,320Estimate: 10 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,329Estimate: 3 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,658Estimate: 6 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Does Probate Cost?

Probate on a $500,000 estate in California costs an estimated $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source. Attorney fees are statutory (set by law)Cal. Prob. Code § 10810Verified Sep 8, 2026View source.

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Are My Beneficiary Designations Protected?

California automatically revokes an ex-spouse as beneficiary at divorceCal. Prob. Code § 5040Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in California costs an estimated $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source and takes 9 months to 12 months for a simple estate, with attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source. Estates under $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source can use a small-estate procedure instead.

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All California tools