If you’re a California resident thinking about creating an estate plan, you’re probably wondering: What exactly is included in an estate planning package? At Bainiwal Law, we help families in Santa Clara County and the greater Bay Area protect what matters most. Whether you’re just starting the process or reviewing an outdated plan, this article breaks down the essential documents every comprehensive California estate plan should include—and why each one matters.
1. Revocable Living Trust
A revocable living trust is the cornerstone of most estate plans in California. It allows you to transfer ownership of your assets—like your home, bank accounts, and investments—into a trust during your lifetime. You control the trust while you’re alive, and after your death, your successor trustee distributes the assets according to your wishes.
Unlike a will, a living trust avoids probate, which can save your family significant time and money. This is especially important in California, where probate is a public, expensive, and often lengthy court process.
For families in Santa Clara and Silicon Valley who own real estate or have complex family structures, a trust offers clarity, privacy, and flexibility.
2. Last Will and Testament
While your trust handles most of your assets, a will serves as a backup to catch anything not titled in the trust. This is often called a “pour-over” will. It directs any remaining property into the trust upon your death.
Your will is also where you name guardians for your minor children—something you cannot do in a trust. If you’re a parent in California, this document is essential for making sure your children are raised by someone you choose, not by the court.
3. Durable Power of Attorney (DPOA)
A Durable Power of Attorney allows you to appoint someone you trust to handle your financial and legal affairs if you become incapacitated. This includes managing bank accounts, paying bills, handling investments, and even dealing with real estate.
Without a DPOA, your family might have to go through a court process called conservatorship just to access your accounts or make financial decisions on your behalf. In a medical crisis, this document can make the difference between seamless care and legal obstacles.
We routinely prepare DPOAs for clients throughout the South Bay Area to ensure someone is always legally empowered to act when needed.
4. Advance Health Care Directive (AHCD)
An Advance Health Care Directive lets you clearly state your preferences for medical treatment and end-of-life care. More importantly, it allows you to appoint a health care agent—someone you trust to make decisions on your behalf if you’re unable to speak for yourself.
This document can ease the emotional burden on your family during a medical emergency and prevent disagreements about your care. In our estate planning meetings, we often hear people ask, “Who decides what happens if I’m in the hospital and can’t respond?” The AHCD answers that question clearly.
5. What’s Included in an Estate Plan Package?
A typical California estate plan package from Bainiwal Law includes:
- A custom Revocable Living Trust
- A Pour-Over Will
- Durable Power of Attorney
- Advance Health Care Directive
- Certification of Trust
- Trust Transfer Deed (for your primary residence)
- Instructions and support for funding your trust
We tailor each plan to the unique needs of your family, your assets, and your long-term goals.
Why Choose Bainiwal Law for Your Estate Plan?
We’re based in Santa Clara and proudly serve clients throughout San Jose, Cupertino, Sunnyvale, and surrounding areas. As a local estate planning attorney, I take time to understand your priorities, explain your options in plain language, and build a plan that protects your family and your legacy.