The 7 Estate Planning Mistakes That Destroy California Families

What’s inside the guide

• The seven specific mistakes that show up over and over in the probate files I handle
• What each mistake actually costs, in dollars, time, or a trip to court
• How to tell whether your own plan has already made one of these mistakes
• The fix for each mistake, so you can close the gap before it matters
• Why the damage from these mistakes almost always surfaces after death, when it is too late to fix it

What does probate actually cost in California?

California sets probate fees by statute, not by the hour, and the fee runs on the gross value of the estate. On a $1,000,000 estate, the schedule produces $23,000 for the executor and a separate $23,000 for the estate’s attorney, for $46,000 in ordinary fees before court costs or a bond (Prob. Code §§10800, 10810). That figure is usually larger than families expect, and it comes straight out of what the heirs would otherwise receive.

Does a living trust avoid probate automatically?

No. A trust only controls the assets that are actually retitled into its name. A house, bank account, or investment left in your own name is not protected by the trust and can still require court-supervised probate at death. Signing the trust and funding it are two different steps, and skipping the second one is one of the most common mistakes I see.

Can a beneficiary designation override my will or trust?

Yes. The beneficiary form you filled out when you opened a retirement account or life insurance policy controls who receives that asset, regardless of what your will or trust says. An account with a valid beneficiary designation pays that person directly and outside of probate, even when it contradicts the rest of your estate plan.

If you want a straight read on whether your existing plan has already made one of these mistakes, start with a trust health check.