California Estate Planning: Free Wills, Trusts & Calculators

California operates under community property law, one of only nine states to do so. Most assets acquired during marriage belong equally to both spouses regardless of whose name is on the title or who earned the income. This fundamental difference from common law states shapes every aspect of estate planning here, from how property passes at death to what a surviving spouse automatically inherits.

Like all states, California recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2Cal. Prob. Code § 6110Verified May 31, 2026 adult witnesses. The state also recognizes holographic (handwritten) wills, though these have stricter proof requirements and are more vulnerable to legal challenges. California doesn't offer a self-proving affidavit at the time you sign your will. Instead, your witnesses may need to provide sworn statements during probate to verify they watched you sign. Keep their contact information current—if they can't be located, proving the will becomes more complicated.

If you die without a will in California, your heirs must survive you by at least 120 hoursCal. Prob. Code § 6401Verified May 31, 2026 to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters. California uses "per capita at each generation" distribution when dividing assets among descendants. This modern approach ensures that grandchildren whose parent predeceased you share equally with other grandchildren, rather than splitting only their parent's portion.

California sets probate attorney fees by law rather than leaving them to negotiation. Fees are calculated as a percentage of the estate's value, which means you can predict costs in advance—but also means there's little room to shop around for a better rate. Smaller estates can use a simplified affidavit process that avoids full probate—up to $208,850Cal. Prob. Code § 890Verified May 31, 2026 for personal property or $69,625Cal. Prob. Code § 890Verified May 31, 2026 for real property. These thresholds are relatively generous compared to other states, potentially saving families significant time and legal fees.

California does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

California allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in California, so property taxes remain at their current level.

California provides a statutory homestead exemption protecting up to $371,850 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then have 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified May 31, 2026 to file claims against the estate. Known creditors must also receive direct written notice.

California automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce.