Probate vs Trust Administration | California Comparison
Probate vs Trust Administration
How assets are distributed after death in California.
When someone passes away, their assets must be distributed to beneficiaries. This happens through either probate (for wills) or trust administration (for trusts). The process, timeline, and costs are dramatically different.
| Probate | Trust Administration | |
|---|---|---|
| Court Involvement | Requires court supervision | No court involvement |
| Timeline | 9-18 months (or longer) | 30-90 days |
| Privacy | Public court record | Private family matter |
| Attorney Fees | Statutory fees (4% on first $100K, 3% on next $100K, etc.) | Hourly or flat fee (typically much less) |
| Executor/Trustee Fees | Same statutory schedule as attorney | Negotiable, often waived by family |
| Cost (500K estate) | $26,000+ in statutory fees alone | $3,000-$8,000 total |
| Creditor Claims | 4-month claim period | Shorter creditor period |
| Real Estate Sales | Requires court approval | Trustee can sell immediately |
| Flexibility | Rigid court process | Flexible family process |
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