California Probate and Trust

What is estate planning in Sacramento?

Estate planning in Sacramento is the process of creating legal documents that protect your assets, designate guardians for minor children, avoid probate court, and ensure your wishes are followed when you pass away or become incapacitated. Common estate planning documents include living trusts, wills, powers of attorney, and advance health care directives.

Do I need a trust in Sacramento, California?

After the death of the owners, every piece of real estate requires a court order to be transferred. Without a trust, your estate will go through probate—a court process that can take 12-18 months and cost over $50,000. A trust keeps your estate private and transfers assets immediately to your beneficiaries.

How much does estate planning cost in Sacramento?

It depends on your situation. We have different packages, and you decide the level of service and the price, not the attorney. Contact California Probate and Trust for a free consultation and transparent pricing.

How long does probate take in Sacramento County?

Probate in Sacramento County typically takes 12-18 months from start to finish, though complex estates can take longer. During this time, your assets are frozen, your family cannot access them, and court fees accumulate. A living trust avoids probate entirely—your assets transfer immediately to your beneficiaries without court involvement.

What happens if I die without a will in Sacramento?

The legal term is "Intestate." This means a person died without a will. If this happens, California has a will for you. Here is how it works:

Your family hires a lawyer, goes to court, waits and waits and waits, pays outstanding taxes and old creditors with open balances. Then, if anything is left:

• Spouse or registered domestic partner AND one child: 50% to spouse and 50% to child or the children of your deceased child (called issue)
• Spouse and two or more children: ⅓ to spouse and ⅔ divided equally between your two or more children
• No spouse, children only: Equally between the children or their issue
• Spouse, no children but family: 50% to spouse and 50% to family, starting with parent or parents, if deceased, the siblings, if deceased then their issue
• No family or spouse: To the State of California

Can I update my trust after it's created?

Most trusts are revocable. You can update as often as you wish. There is a fee to update. Hand written notes, crossed out or other marks and handwritten wishes are generally not valid and not enforceable.

How long does estate planning take?

Estate planning should be less than two months. Sometimes it's much faster than that. We don't like it to take longer.

What is Medi-Cal planning?

It helps anyone qualify for Medi-Cal if they need it and keep their assets to benefit their family, spouse, children, grandchildren, etc. Planning 3-5 years out gives the maximum protection.

Emergency Planning: "OMG - dad just had a stroke and he needs Medi-Cal right now or he will spend all his money in the next 24 months!" can be done but it's harder. Not many attorneys do emergency planning. We do.

When should I work with an attorney instead of doing it myself?

Many people can start with basic estate planning documents. However, certain situations benefit from attorney-drafted plans:

• Blended families: Protecting children from previous marriages while providing for your current spouse requires careful planning.
• Business owners: Business succession planning and asset protection strategies need specialized expertise.
• Medi-Cal planning: Qualifying for long-term care benefits while protecting assets requires precise timing and legal knowledge.
• Complex family situations: If you have children with special needs, substance abuse issues, or financial irresponsibility, a properly structured trust protects them better than a basic plan.