If you own a home in California, especially in areas like Santa Clara County, you should seriously consider creating a revocable living trust. It’s one of the most effective ways to avoid probate in California and protect your property for your family.
What Happens If You Die Without a Trust in California?
When a homeowner passes away without a trust, the property usually goes through California probate court. This process can take months before anyone is given legal authority to act. In the meantime:
- Renters may stop paying
- A squatter could take over the home
- The house may begin to deteriorate
- No one can legally pay bills or manage utilities
Even with expedited (ex parte) filings, delays are common. Courts like those in Santa Clara County are overloaded and underfunded, causing further backlog.
How a Living Trust Helps You Avoid Probate
A living trust in California allows the person you name as successor trustee to immediately begin managing your estate upon your death. That includes collecting rent, paying bills, protecting your home, and preparing it for sale if needed. No court delays. No months of uncertainty. No red tape.
This is especially important for families who depend on that home or rental income. With a trust in place, your estate stays out of court and in control.
Do the “Simplified Probate” Laws Help?
New laws like AB 473 may allow small estates to use simplified court procedures. But this does not mean probate is avoided. It still requires going through the court system and facing the same delays. These laws help in limited cases, but they don’t offer the peace of mind that a trust does.
Why a Trust Is Worth It
Your home is likely one of your most valuable assets. Setting up a trust ensures it is protected and that your family will not be stuck in court trying to gain control of it.
Hiring a California estate planning attorney ensures the trust is drafted correctly. Yes, it costs money. But what you’re really buying is peace of mind — knowing it’s done right and your family is protected.
If you’re a California homeowner and want to avoid probate court, reach out here to schedule a consultation.