You worked hard for your home. Let’s make sure it ends up where you want it to.
A living trust and a few key documents can help your family avoid probate for the assets in the trust, keep things private, and know who’s in charge when it matters most. It starts with a free consultation with a licensed estate planning attorney.
Free. No cost. No obligation.
The question nobody likes to ask
Many families have a plan for the mortgage, but not for the home. Then life happens. A parent passes away, or gets sick and can’t sign their name, and suddenly the kids are asking: Who’s allowed to make decisions? Can anyone pay the bills? Why is a judge involved? How long will this take?
Now imagine the same phone call, but there’s a plan. One person you chose is already named and ready, and your instructions are in your own words. Your family can focus on each other instead of on paperwork.
The court process most families would rather skip
Probate is the court-supervised process of settling an estate: validating the will (if there is one), paying debts, and transferring property. Every state has its own probate rules, timelines, and costs, so we use California as an example on this page. In California, probate is handled by the county Superior Court, and many steps require court filings, published notices, and a judge’s approval. Probate court filings are generally public records.
How long probate takes depends on your state and the estate. In California, for example, the California Courts Self-Help Guide says formal probate typically takes 9 to 18 months and can sometimes take longer.
How probate fees are set also varies by state. In California, for example, the cost is set by law: under California Probate Code §§ 10800 and 10810, the attorney and the personal representative (executor) are each paid a percentage of the estate’s gross value. That means a mortgage is not subtracted.
| Portion of the estate (California example) | Fee (each, for ordinary services) |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25 million | Set by the court |
In California, for an estate with a gross value of $1,000,000, that schedule works out to $23,000 for the attorney and $23,000 for the personal representative. That’s before court costs, such as the filing fee to open the case (typically $435, according to the California Courts). The court can also allow extra fees for extraordinary services (§ 10811). This is math from the statute, not a quote, and a personal representative may choose to waive their fee.
Many states offer simplified procedures for smaller estates, and the limits vary by state. In California, for example, for deaths on or after April 1, 2025, they include a $208,850 limit for personal property and a separate petition for a primary residence worth $750,000 or less (California Courts Self-Help Guide; Probate Code §§ 13100 and 13151). A home worth more than that, or other property, may not qualify.
A living trust: a smoother path
A revocable living trust holds your assets, like your home, while you’re alive. You’re usually your own trustee: you can still buy, sell, refinance, or change the trust at any time. Later, the successor trustee you chose can manage and distribute the trust’s assets without a probate case. Married couples can use a joint trust to keep shared property in one place.
One key step: a trust only avoids probate for assets that are actually put into it, like re-deeding your home into the trust’s name. This is called “funding” the trust, and the attorney can walk you through it. A simple “pour-over” will catches anything left outside the trust and is where you can nominate guardians for minor children.
Want to know whether a trust makes sense for your home?
“What if I can’t?”
Estate planning isn’t only about passing away. If an illness or injury leaves you unable to manage your money or make medical decisions, and nobody has legal authority to act for you, your family may have to ask a court for a conservatorship (called a guardianship in some states). That’s another court process.
A few documents can put the people you trust in charge instead:
A financial power of attorney names someone to handle bills, accounts, and banking.
An advance health care directive names a health care agent and records your wishes about medical care, so your family doesn’t have to guess. (The name and form vary by state; some states call it a health care proxy or a living will.)
A HIPAA authorization lets the people you choose talk with your doctors.
When an inheritance arrives all at once
A lump sum can land on a young adult, on someone who struggles with money, or in the middle of a remarriage or a rocky marriage. Without instructions, what you built may not be used the way you hoped.
A trust can also be a set of instructions for how your legacy is handed down. Here are ideas families can ask an attorney about:
Spendthrift provision: limits a beneficiary’s ability to sell, borrow against, or give away a future inheritance, and can make it harder for many creditors to reach trust assets before they’re distributed. State law sets limits and exceptions.
Staged distributions: for example, a portion at 25, another at 30, and the rest at 35, while the trustee can still pay for things like education or health care.
Remarriage provisions: support a surviving spouse while protecting certain assets for the children, sometimes with separate sub-trusts.
Incentive provisions: tie distributions to milestones you value, like finishing a degree or matching earned income.
“Family bank” provisions: keep assets invested and let the trustee make loans to family members, for example toward a first home, which are then repaid to the trust to help the next person.
Depending on your goals, an attorney may also discuss other options, such as irrevocable trusts, special needs trusts, or charitable trusts. These need customized legal and tax advice.
The Rockefeller lesson: structure
In 1934, John D. Rockefeller Jr. created irrevocable trusts for his children, and in 1952 he created trusts for his grandchildren. They were administered by Chase Bank (today JPMorgan Chase) with oversight from a trust committee. According to published accounts, the family’s wealth is now shared by roughly 200 family members, and much of the fortune has gone to philanthropy. The lesson isn’t a secret product. It’s structure: clear rules, professional management, and a long-term vision decided ahead of time.
Pairing life insurance with a trust
One strategy families can explore is having a trust own, or be the beneficiary of, a life insurance policy. That way the trust’s rules decide how the money is used, for example to pay off a mortgage or provide for children over time.
(Policies, costs, and outcomes vary. Coverage depends on underwriting and policy terms, and nothing here is a guarantee. Talk with a licensed attorney and a licensed insurance professional about whether it fits your family.)
Thinking about the next generation?
Hi, we’re Nancy & Mario
We help families protect what they’ve worked so hard to build. We’re licensed insurance agents with the California Department of Insurance, and Mario is also licensed in other states. For estate planning, we connect families with licensed estate planning attorneys. We’re not attorneys, and we’ll never pretend to be. Our job is to point you to the right expert and make the first step easy.
Common questions
Isn’t a will enough?
A will says what you want, but a will generally still goes through probate unless the estate qualifies for a simplified procedure, and those procedures vary by state. A properly funded living trust is designed to avoid probate for the assets it holds.
Will I lose control of my house or my money?
With a revocable living trust, you’re typically your own trustee and can change the trust whenever you want.
Can I still refinance or sell my home if it’s in a trust?
Generally, yes. Lenders and title companies commonly work with revocable trusts, though some may ask for an extra form or step.
Does a living trust protect me from taxes or lawsuits?
A revocable trust usually doesn’t change your income taxes or protect your assets from your own creditors while you’re alive. Its main jobs are avoiding probate, planning for incapacity, and controlling how things pass.
We’re not wealthy. Do we really need this?
Probate can reach everyday estates, too. In some states, like California, probate fees are based on an estate’s gross value, not your equity, and a home alone can put an estate past the simplified-procedure limits. Planning is about making things easier for the people you love.
How much does a trust cost?
It depends on your situation. The consultation is free, and it’s a chance to ask about options and pricing before you decide anything.
Can I update it later?
Yes. A revocable trust can be amended as life changes. It’s a good idea to review it after any big life event.
What happens after I fill out the form?
We’ll reach out to set up your free consultation with a licensed estate planning attorney, using the best time you share on the form.
Picture the day it matters
Your son and daughter open one binder. Your wishes are in writing, the person you chose knows what to do, and your family can lean on each other instead of on a court calendar. That’s the story you can write now, while everything is calm.
The first step is one free conversation with a licensed estate planning attorney.
Let’s set up your free consultation
Fill out the short form, and we’ll reach out to set up your free consultation. There’s no cost and no obligation.