Estate planning lets you decide what happens to your property, who steps in if you can’t manage your own affairs, and how your family is supported after your death. Without a plan, California law and the probate court may make those choices for you. At Seligson Law, we help individuals and families build estate plans that fit their lives, from a first will or living trust to updating documents after a major change or coordinating several tools to work together.
Understanding Estate Planning in California
A California estate plan is not a single document. It is a coordinated set of instructions for death, incapacity, property management, and health care. The right combination depends on what you own, how title is held, who relies on you, and how much control you want to give the people who will act on your behalf.
For many California families, planning also involves a home or other real estate. Property values can make probate a practical concern even when the rest of an estate is straightforward. Married couples and registered domestic partners may also need to distinguish community property from separate property before deciding how an asset should pass.
A thoughtful plan can help you:
- Direct property to the people or organizations you choose
- Name responsible people to manage financial and personal matters
- Plan for medical decisions and periods of incapacity
- Provide for minor children or beneficiaries who need additional support
- Reduce avoidable court involvement and administrative delay
- Coordinate California property with assets located in another state
The goal is not to make the plan more complicated than it needs to be. It is to make each document clear, valid, and consistent with the rest of the plan.
When Should You Review or Update an Estate Plan?
An estate plan should change when your life changes. Even a well-drafted plan can become outdated if the people named in it are no longer appropriate, the ownership of an asset changes, or a document no longer reflects your current wishes.
It is worth reviewing your plan after:
- Marriage, divorce, separation, or the start or end of a registered domestic partnership
- The birth, adoption, or death of a family member
- The purchase or sale of California real estate
- A move into or out of California
- A significant change in assets, debts, or business interests
- A change in health or caregiving responsibilities
- The death, incapacity, or unavailability of an executor, trustee, agent, guardian nominee, or beneficiary
Periodic reviews also give you a chance to confirm that trust funding and beneficiary designations still match the written plan.
California’s Proposition 19 also narrowed the property tax rules for certain transfers between parents and children and between grandparents and grandchildren. Eligibility can depend on the type of property, the recipient’s use of the home, value limits, and timely filings with the county assessor. These issues should be reviewed as part of the plan rather than assumed after a transfer has already occurred.
What Our Clients Say
Our Estate Planning Services in California
At Seligson Law, our estate planning lawyers assist with a wide range of California estate planning matters, including:
- Trusts and Estates: We help clients structure trusts and estate plans that manage assets during life and provide for an orderly transfer to beneficiaries.
- Estate Planning and Wills: We prepare wills and related documents that set out how your assets should be distributed and who will carry out your wishes.
- Estate Administration: We walk executors and administrators through the legal and procedural steps involved in settling a California estate.
- California State Probate Process: We help families work through California’s probate process, from court filings and notices to the distribution of assets.
- Power of Attorney: We draft powers of attorney that let a trusted person handle your financial or legal affairs if you are no longer able to.
- Types of Advance Directives: We prepare advance directives, including health care proxies and living wills, so your medical wishes are known and followed.
- Guardianship: We support families with guardianship matters involving minors or incapacitated adults when court oversight is needed.
Each estate plan we create is built around your specific circumstances and priorities.
Why Choose Seligson Law?
Seligson Law provides practical, personalized guidance to help clients protect their assets, families, and long-term interests.
- Strategic Planning: We create estate plans shaped around your property, responsibilities, and future goals.
- Personalized Guidance: Every recommendation reflects your family circumstances, business interests, and priorities.
- Clear Communication: We explain your options in straightforward terms so you can make informed decisions.
- Broader Legal Perspective: Our experience in estate planning, business, and employment law allows us to address interconnected concerns.
- Ongoing Support: We remain available to review and update your plan as your life, assets, or goals change.
Our California Estate Planning Process
Planning for your future should feel clear and manageable, not overwhelming. Whether you are creating a will, establishing a trust, or developing a broader estate plan, our process is built on clarity, transparency, and thoughtful guidance at every step.
Initial Consultation
We start with a private consultation to understand your personal situation, family dynamics, assets, and planning goals.
Strategic Planning
We walk you through your options and develop a strategy tailored to your objectives and California law.
Document Preparation & Review
We prepare and carefully review all estate planning documents to ensure they are accurate, clear, and legally sound.
Execution & Ongoing Support
Once your documents are finalized, we guide you through proper execution and remain available as your circumstances or goals change.
California Estate Planning FAQs
Do I need an estate plan if I do not consider myself wealthy?
Yes. Estate planning is also about decision-making, incapacity, guardianship nominations, and clear instructions. A modest estate can still create uncertainty if no one has authority to act or the family does not know what the person wanted.
What happens if I die without a will in California?
California’s intestate succession laws determine who inherits probate property. The result depends on the relatives who survive you and whether property is community or separate. Assets with a valid beneficiary designation, survivorship feature, or trust ownership may pass differently.
Does a will avoid probate in California?
No. A will gives instructions for property subject to probate, but it does not remove that property from the probate process. Trust ownership, beneficiary designations, survivorship arrangements, and certain statutory transfer procedures may keep particular assets outside formal probate.
Do all California estates have to go through formal probate?
No. Whether formal probate is required depends on the type, ownership, and value of the assets, as well as the date of death. California provides simplified procedures for some smaller estates and certain qualifying primary residences, but those procedures have specific requirements.
What is the difference between a power of attorney and an advance health care directive?
A durable power of attorney generally addresses financial and legal matters. An advanced health care directive addresses medical decisions and can name a health care agent. One document does not automatically replace the other.
Can an estate plan include property outside California?
Yes, but out-of-state real estate and accounts may require additional coordination. A trust can sometimes reduce the need for a separate probate proceeding in another state, provided the property is properly transferred and the other state’s rules are considered.
How often should I review my plan?
Review it after major changes in family, property, health, residence, or the people named to serve. Even without a major event, a periodic review can catch outdated addresses, unfunded assets, expired beneficiary choices, or documents that no longer fit your goals.
How can a California estate planning lawyer help?
A lawyer can identify gaps, explain how different transfer methods interact, prepare documents that meet California requirements, and help you carry out practical steps such as trust funding and title coordination. That work helps reduce ambiguity before it becomes a family or court problem.
Contact Our California Estate Planning Lawyers Today
A useful estate plan should reflect the life you have now and give the people you trust clear authority when they need it. Whether you are starting from the beginning or updating documents that no longer fit, Seligson Law can help you build a plan that works under California law.
