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Last Modified on Mar 08, 2026
Most people don’t want to talk about what might happen after they die. They’d rather live their lives to the fullest and allow their descendants to take care of any issues once the funeral is over. Emotions can be high, and conflicts arise when you don’t leave a plan regarding your wishes. You need to understand how to create an estate plan in California, so you can put your estate in order before you’re gone.
I started Goebel Estate Planning, PC, to provide families with solutions. It’s important to have these difficult conversations now before it’s too late. You don’t want your children or other family members to wait for years while your estate planning case drags through probate. I can develop a customized plan to give you peace of mind that everything can be taken care of after you’re gone.
What Is Estate Planning?
Estate planning involves documenting what you want done with your assets after you die and other considerations toward the end of your life. A skilled California estate planning attorney can help you with each step of the process.
There are different documents associated with estate planning, each with a different function:
- Will: This is the most common legal document in estate planning. It addresses your specific wishes for your assets.
- Trust: Before your death, you can put your assets in a trust. If you choose an irrevocable trust, you can reduce tax payments, but you can’t change the trust or sell your assets while you’re still alive. You can hire an estate planning lawyer to advise you on the most appropriate trust option for your unique circumstances.
- Power of attorney: Power of attorney provides a trusted person the legal ability to make financial, medical, and legal decisions on your behalf. This can be done due to illness or advanced age.
- Advanced health care directives or a living will: Before you are incapacitated, you can have your wishes about medical interventions known. You may not want to be on a ventilator or receive life-saving measures in an emergency.
Statistics About Estate Planning
The Pew Research Center surveyed 8,750 people across the U.S. about estate planning. In their findings, 32% reported they had a will, and 31% stated they had an advanced health care directive.
According to a Caring survey, 43% of people said they haven’t gotten around to estate planning. The top reasons for doing estate planning in this survey were upcoming retirement and the recent death of a loved one.
Unfortunately, when someone dies without a will, the remaining family has to deal with the long, complicated process of probate, and they don’t want their descendants to have to go through it.
Estate Planning Laws in California
California’s Probate Code, Division 6, Wills and Intestate Succession, 6100-6806, details how the state decides who gets the assets if there’s no will.
Here’s the succession according to the law:
- Married with no children: Everything goes to the spouse.
- Married with children: The spouse receives ⅓ of the assets while the children get ⅔. If there are children from a previous relationship, the state determines the portions for each descendant.
- This is the sequence of surviving family members.
- Children
- Parents
- Siblings
- Grandparents
- Extended family, like aunts, uncles, and cousins
- The state takes the assets of anyone without a will or surviving family members.
The probate court handles the estate after someone dies to ensure all debts and taxes are paid. When there’s a will to guide them to the beneficiaries, the process moves along more smoothly.
How to Create an Estate Plan in California
The first step in making an estate plan is to consult a capable attorney who can guide you through your specific needs. A will is a good place to start, but other estate planning documents may help you with your peace of mind as you age. The estate laws can be confusing and involved. Let Goebel Estate Planning, PC, provide you with a solution.
FAQs
Do I Have to Have a Will in California?
There are several drawbacks to not having a will in California. Your estate takes longer in probate court, which could take years. Court costs and other fees increase the longer your estate stays in probate. The court decides who gets your assets based on the Probate Code if you don’t have a will.
What Is the Cost for Estate Planning in California?
The cost for estate planning in California can vary greatly depending on your situation. Having a blended family or a higher income can make your case more complex. The cost also depends on what estate planning documents you’d like prepared. Many of these documents can be revised or added to, which can add to your cost.
What Are Some Common Mistakes to Avoid in Estate Planning?
One common mistake to avoid in estate planning is assuming you have more time. Having a will in place as soon as possible can protect your family later if something happens to you. Another common mistake is trying to do it on your own. A knowledgeable estate planning attorney can be a valuable resource.
How Often Should I Update My Estate Plan in California?
When you have changes in your life, like the birth of a child or the acquisition of a new property, you should update your estate plan. Your estate planning lawyer is available to answer your questions and update your documents as you see fit. Occasionally, laws change in California that may affect your plan, which is another time you may want to reexamine it.
Hire an Estate Planning Lawyer in California
At Goebel Estate Planning, PC, I strive to help families plan for the future, even if it involves the end of their lives. My former clients say I’m patient and informative, and they highly recommend me. I focus on estate planning because my son has special needs, and I want to make sure he’s taken care of. I used the same philosophy with my clients. Contact me today to start your estate planning by scheduling a consultation. Let’s protect you and your family.
