Sacramento Estate Planning Checklist

Your Complete Guide to Protecting Your Family

California Probate and Trust, PC
6957 Douglas Blvd, Granite Bay, CA 95746
(866) 400-0058 | dustin@cpt.law | cpt.law

Why You Need This Checklist

Estate planning protects your family from probate court delays, excessive fees, and family disputes. Most Sacramento-area families with homes worth $500,000+ need a living trust to avoid probate costs of $20,000-$40,000 or more. Use this checklist to ensure your estate plan is complete.

Section 1: Essential Estate Planning Documents

Living Trust

Avoids probate, protects privacy, ensures smooth asset transfer

Pour-Over Will

Catches any assets not transferred to your trust

Durable Power of Attorney

Authorizes someone to manage finances if you're incapacitated

Advance Health Care Directive

Specifies medical wishes and names healthcare decision-maker

HIPAA Authorization

Allows designated people to access your medical records

Certification of Trust

Proves trust existence without revealing details

Section 2: Gather Your Asset Information

Before meeting with an attorney, compile information about all your assets:

Real Estate (home address, purchase price, current value, mortgage balance)

Bank Accounts (institution name, account numbers, approximate balances)

Investment Accounts (brokerage, IRAs, 401(k)s, account values)

Life Insurance (company, policy numbers, death benefit amounts)

Business Interests (ownership percentage, business structure, valuation)

Vehicles (make, model, year, approximate value)

Personal Property (jewelry, art, collectibles worth $10,000+)

Digital Assets (cryptocurrency, online accounts, domain names)

Section 3: Decide on Beneficiaries

Determine who should inherit your assets and in what proportions:

Primary beneficiaries (spouse, children, etc.)

Contingent beneficiaries (if primary beneficiaries predecease you)

Specific bequests (particular items to specific people)

Charitable gifts (organizations you wish to support)

Guardians for minor children (if applicable)

Pet care provisions (who will care for pets, funding)

Section 4: Choose Your Fiduciaries

Select trusted individuals to manage your affairs:

Successor Trustee (manages trust after your death or incapacity)

Executor (handles probate if needed, typically same as trustee)

Agent under Power of Attorney (manages finances if incapacitated)

Health Care Agent (makes medical decisions if you can't)

Guardian for minor children (raises your children if you die)

Backup choices for all roles (in case first choice can't serve)

Section 5: Address Special Situations

Consider whether any of these apply to your family:

Second marriage (protecting current spouse AND children from prior marriage)

Special needs child (supplemental needs trust to preserve government benefits)

Minor children (age-based distribution provisions, educational trusts)

Out-of-state beneficiaries (simplified administration for distant heirs)

Significant property tax concerns (Prop 19 planning for home transfer)

Medi-Cal planning (protecting assets from nursing home costs)

Business succession (who takes over, buy-sell agreements)

Blended family considerations (fairness between biological and stepchildren)

Section 6: Fund Your Trust (Critical!)

This is the most important step. A trust only works if your assets are transferred into it. Many people create trusts but never fund them—resulting in probate anyway.

Record deed transferring real estate into trust (we handle this)

Retitle bank accounts into trust name

Transfer brokerage accounts to trust

Update IRA/401(k) beneficiary designations (coordinate with trust)

Change life insurance beneficiaries (typically to trust)

Transfer business interests to trust

Update vehicle titles if significant value (CA allows up to 2 vehicles outside trust)

Section 7: Keep Your Plan Current

Estate planning isn't one-and-done. Review and update regularly:

Review every 3-5 years (even if nothing changes)

Update after births, deaths, marriages, or divorces in family

Update after significant asset changes (inheritance, property sale, etc.)

Update if you move to another state permanently

Update when California laws change (like Prop 19 in 2021)

Update if fiduciaries predecease you or become unable to serve

Update if relationships change (estrangement, reconciliation)

What Happens If You Don't Plan?

Without proper estate planning, California law decides what happens to your assets and family:

Probate court process: 12-24 months of court supervision in Placer or Sacramento County
Statutory fees: $20,000-$40,000+ for typical Sacramento-area estates ($500K-$1M)
Public record: Your assets, debts, and beneficiaries become public information
Family disputes: Court battles over who gets what, who's in charge
Delays: Beneficiaries wait 1-2 years before receiving inheritance
Property tax increases: Children lose lower tax base (Prop 19)
Court-appointed conservatorship: Judge controls your finances if incapacitated

California Probate and Trust

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