For most people, estate planning might seem like a complicated thing that is more of a hassle than its worth.
Then when they are brought around to the perspective that it is not only useful but necessary, they may believe that a will is all that they really need.
When the prospect of a living trust is presented to them, they might think it too complex that might be reserved for the ultra-wealthy with assets to spare.
But while it is certainly true that a living trust can be useful for high-value estates, even some of the more modest estates can find great advantage in a living trust.
A living trust can be customized specifically to your needs. And even the more straightforward living trust arrangements can be set up to provide you and your family with meaningful protection without any unnecessary complexity.
A living trust can help you avoid probate, provide protection for your minor children and other dependents, and ensure the efficient transfer of wealth to your surviving family members.
Relying solely on a will can do just the opposite – involving years of probate, thousands of dollars in costs and legal fees, and for ambiguously-worded wills, even create conflict.
In this article, we take a look at how your family trust attorney can help design a living trust that fits your specific needs and why a will alone may not be enough.
Avoidance of Probate, the Small Estate Threshold and Pour Over Wills
California offers simplified procedures that allow smaller estates to avoid formal probate. A small estate is defined by a threshold value, which is regularly updated.
As of 2025, if a person died on or after April 1, 2025, if the gross value of the estate – including real and personal property in California – exceeds $208,850, then the small estate affidavit option is not available.
If the gross value of all real property owned by the decedent located in California exceeds $69,625, then the heirs or successors cannot use an Affidavit for Succession to Real Property of Small Value.
In such instances, in order to transfer the estate assets to the heirs and successors, the estate may need to go through a formal probate.
One of the benefits of a trust is that it can facilitate the transfer of properties to the named beneficiaries without unnecessary court involvement. When a decedent passes away and the bulk of his assets have been transferred into a trust, the trust assets will not be considered part of the estate for purposes of determining gross value.
This means that the trust assets may be transferred to the named beneficiaries without need of going through a formal court proceeding. If the remaining assets not included in a trust does not cross that threshold, a small estate affidavit may be used. Or alternatively, a pour over will may be used to direct any assets unintentionally left outside the trust to be transferred to the trust at death.
In any case, a living trust, together with a pour over will and the use of any available small estate procedures, may all be used to avoid or eliminate the need for probate altogether, thus allowing for a more efficient and less costly transfer of assets to family members.
When Privacy is Paramount
One of the most overlooked benefits of having a family trust, as opposed to a will that must go through probate, is privacy.
The time after a person’s death, and the state of that person’s estate, may become fodder for gossip to the public. And this can be true even if the person was not a celebrity.
Surviving family members generally value privacy after losing a loved one. Probate proceedings are, ultimately, a matter of public record. Nosy neighbors, distant relatives, even predatory, even greedy attorneys, may keep an eye out for news of what the decedent left behind – and how his assets are distributed to family members. A decedent who was fiercely protective of his privacy may not appreciate the details of his assets being broadcast to the general public after his death.
If privacy is paramount to your family, a family trust lawyer can help with the preparation and drafting of a living trust instrument, which is essentially a private document. When the more substantial parts of a person’s estate, and the details of its distribution to family members, are preferred to be out of the public eye, this can be handled quite efficiently through the appropriate living trust.
Speed and Efficiency
It is an acknowledged public reality that courts move slowly. There are rules in place, timelines to observe, required notices and time to respond. The wheels of most legal systems grind slowly and deliberately.
A living trust is handled completely outside of the courts – with the exception of any disputes that may be brought to a court’s attention. So unless conflict ensues, a trust is administered by the trustee – decisions can be made swiftly, and distributions made whilst probate proceedings are still scheduling court dates. Though trustees may not exactly move instantaneously – certain notices, requirements, and time periods do still need to be met – living trusts need not take so long to close as a full probate. Trustees are not waiting to be heard among other petitioners at probate courts. A living trust is designed to deliver a speedier process and planned continuity with a family trust.
The Family Trust Attorney
A family trust attorney is invaluable in helping you with your estate planning needs – and creating a strategy that is best suited to your particular circumstances.
A family trust attorney can design a living trust that meets your specific needs – whether it is to avoid probate, take care of minor children or dependents, or facilitate an efficient transfer of assets to the beneficiaries.
There is also a built in continuity in a living trust, which carries the intentions of the settlor through to the successor trustee, without any need for additional formality or appointments. The trust is administered according to the settlor’s instructions without the need to resort to courts.
On top of all this, the trust provides the benefits of privacy and efficiency.
If you are looking to design an estate plan that best suits your needs, schedule a call with us today.