What Is Estate Planning?
Estate planning is the process of deciding — in advance and in writing — what happens to your assets, your healthcare decisions, and your family when you can no longer make those decisions yourself. It is not just for the wealthy. Every California adult with a home, savings account, or children needs an estate plan.
Without one, California law decides for you. Your estate goes through probate — a public, court-supervised process that takes 12 to 24 months and costs thousands in mandatory attorney and executor fees. Judges appoint guardians for your children. Family members dispute what you "would have wanted." None of this is inevitable with proper planning.
A complete estate plan puts you in control: who receives your assets, who makes decisions for you if you're incapacitated, and how your family is protected from courts, creditors, and unnecessary taxes.
Core Estate Planning Documents
A complete California estate plan includes the following documents. Each serves a specific legal purpose — and missing even one can leave your family exposed.
Revocable Living Trust
The cornerstone of California estate planning. A living trust holds your assets during your lifetime and transfers them to your beneficiaries at death — without probate, without court involvement, and without delay. You remain in full control as trustee. Most Sacramento-area homeowners need a trust because California's $184,500 probate threshold is easily exceeded by real estate alone.
Learn about living trusts →Last Will and Testament
A will names who inherits your property, who serves as executor of your estate, and — critically — who becomes guardian of your minor children. Even with a living trust, a "pour-over will" catches any assets not transferred to the trust before death. Every California adult should have one.
Learn about wills →Durable Power of Attorney
Authorizes a trusted person to manage your financial affairs — pay bills, manage investments, handle real estate — if you become incapacitated. Without one, your family must petition the court for a conservatorship, which can cost $10,000+ and take months. California law (Probate Code §4401) requires specific language for a valid durable power of attorney.
Learn about powers of attorney →Advance Healthcare Directive
Names your healthcare agent and specifies your wishes for medical treatment if you cannot speak for yourself. In California, a valid AHCD must comply with Probate Code §4700 et seq. Without one, hospitals are legally required to attempt all life-sustaining measures regardless of your wishes — and your family may disagree about what to do.
HIPAA Authorization
Allows your healthcare agent and designated family members to access your medical records and communicate with your doctors. Without this, federal privacy law can prevent your family from getting information they need to make decisions on your behalf.
Who Needs an Estate Plan in California?
You need an estate plan if any of the following apply:
You own a home in Sacramento, Granite Bay, Roseville, or anywhere in California
You have children — especially minor children who need a named guardian
You have a retirement account, bank account, or investment portfolio
You are unmarried and want your partner to inherit your assets
You are in a blended family with children from prior relationships
You want to protect a child's inheritance from divorce or creditors
You are concerned about long-term care costs and Medi-Cal eligibility
You own a small business or have a professional practice
You have a family member with special needs who could lose government benefits
You simply want your family to avoid probate court
If you own a home in the Sacramento area and die without a trust, your estate will almost certainly go through probate. California's probate threshold is $184,500. The median Sacramento home price far exceeds that — meaning most homeowners without a trust are leaving their families a 12–24 month court process.
What Happens If You Don't Plan
⚖️ Probate Court
California statutory attorney fees on a $1M estate: $23,000+. Timeline: 12–24 months minimum. Everything becomes public record.
🏥 Conservatorship
Without incapacity documents, a judge controls your finances and healthcare decisions. Setup costs $10,000+. Ongoing court supervision every year.
💰 Nursing Home Spend-Down
California long-term care costs $8,000–$12,000/month. Without Medi-Cal planning, you may lose your life savings before qualifying for benefits.
Why Work With a Certified Specialist
The California State Bar certifies fewer than 1% of licensed attorneys as Specialists in Estate Planning, Trust, and Probate Law. This certification requires a rigorous written examination, demonstrated substantial experience, peer review, and ongoing continuing education in estate planning law.
Dustin MacFarlane has held this certification since 2012 and has helped more than 6,000 Northern California families with estate plans, trust administration, and probate. He focuses exclusively on estate planning and trust law — not criminal defense, family law, or personal injury. That focused practice means deeper expertise applied to your specific situation.
Every client works directly with Dustin — not a paralegal or associate. Your estate plan reflects your family's specific circumstances, assets, and goals. Flat-fee pricing means you know the cost before you start.
Serving Sacramento & Placer County
California Probate and Trust serves families throughout the greater Sacramento region, including:
Our office is located in Granite Bay at 6957 Douglas Blvd. In-person and remote consultations available.
Frequently Asked Questions
How much does estate planning cost in Sacramento?
Our estate plans are flat-fee priced. A basic trust package for a married couple (living trust, wills, powers of attorney, healthcare directives) typically ranges from $2,500 to $4,500 depending on complexity. Single person plans start lower. Call (916) 674-2066 for a specific quote.
How long does it take to create an estate plan?
Most estate plans are completed within 2–4 weeks from your first consultation. If you need documents urgently — for a surgery, travel, or health situation — we can often expedite.
Do I need a trust if I already have a will?
If you own a home in California, very likely yes. A will alone does not avoid probate. A living trust does. Most Sacramento-area homeowners should have both — a trust for major assets and a pour-over will to catch anything left outside the trust.
What is a Certified Specialist in estate planning?
The State Bar of California Board of Legal Specialization certifies attorneys who demonstrate substantial experience, pass a rigorous written exam, and receive peer recognition in a specific field. Fewer than 1% of California attorneys hold this designation in Estate Planning, Trust & Probate Law.
Can I update my estate plan after it's created?
Yes. A revocable living trust can be amended or revoked at any time while you're alive and competent. We recommend reviewing your estate plan every 3–5 years or after major life events: marriage, divorce, birth of children, death of a beneficiary, significant change in assets.
What happens to my estate plan if I move out of California?
Your California trust documents are generally valid in other states, but you should have them reviewed by an attorney in your new state. Some states have specific execution requirements or different laws around trusts and healthcare directives.
Does estate planning only matter for wealthy people?
No. Estate planning matters for anyone who owns a home, has children, has a bank account, or simply wants control over their medical care if incapacitated. The question isn't whether you have 'enough' — it's whether you want a judge or the state deciding things for your family.
Ready to Protect Your Family?
Schedule a consultation with Dustin MacFarlane — California's Certified Specialist in Estate Planning, Trust & Probate Law. Serving Sacramento, Granite Bay, Roseville, and all of Placer County.
6957 Douglas Blvd., Granite Bay, CA 95746 · Mon–Thu 10am–5pm