Why a Trust Is Often Better Than Probate for Your Estate Plan
- Jennifer Georgianne
- Jul 6
- 4 min read
When it comes to planning for the future, many people believe that having a will is enough to protect their loved ones and ensure their assets are distributed according to their wishes. While a will is an essential document, it often comes with one significant drawback: probate. For many California and Washington families, creating a revocable living trust can be a far more efficient, private, and cost-effective alternative.
At East County Estate Planning, PC, we help individuals and families in Kirkland, Washington, King County, San Diego, La Mesa, El Cajon, and surrounding East County communities avoid the pitfalls of probate and create estate plans that offer true peace of mind.
What Is Probate?
Probate is the court-supervised process of validating a will and distributing assets after someone dies. While it might sound straightforward, probate in California can be time-consuming, public, and expensive. On average, the process can take 9 to 18 months, and legal fees and court costs can consume a significant portion of the estate.
Additionally, probate is a public process, meaning anyone can view the court records related to your estate. For families who value privacy, this exposure can feel intrusive.
What Is a Trust?
A revocable living trust is a legal document that allows you to place your assets into a trust during your lifetime. You retain control as the trustee and can change or revoke the trust at any time. Upon your death (or incapacity), a successor trustee takes over and distributes your assets according to your instructions—without court involvement.
Because the assets are already owned by the trust, there’s no need for probate.
Key Advantages of a Trust Over Probate
1.
Avoiding Court Delays
Trust administration is much faster than probate. While probate may last over a year, a trust can often be settled within a few weeks or months—ensuring your loved ones receive what they need sooner.
2.
Saving Money
Probate fees are based on the gross value of your estate, not your net worth. For example, a $1 million estate (even with a mortgage) can trigger tens of thousands of dollars in statutory fees. With a trust, you avoid many of those expenses.
3.
Maintaining Privacy
Because trusts are not subject to court supervision, the contents of your estate and your beneficiaries remain private. Probate, on the other hand, is part of the public record.
4.
Protecting Loved Ones
A trust allows you to control how and when assets are distributed. For example, you can structure distributions to minor children or adult beneficiaries who may need guidance. This is especially important for families with special needs, young children, or complex financial situations.
5.
Handling Incapacity
Unlike a will, a living trust can also provide for your own care if you become incapacitated. Your chosen successor trustee can manage the trust assets on your behalf without needing a conservatorship.
Do You Still Need a Will?
Yes. Even with a trust, we prepare what’s called a “pour-over will” to catch any assets not titled in the name of the trust. But the goal is to make sure everything is properly funded into your trust during your lifetime, so the pour-over will is just a backup.
Why Trust-Based Planning Is Especially Important in California
California’s probate system is notoriously costly and slow. Families can spend 5% or more of the estate’s value just on legal and court fees. A trust helps avoid these delays and ensures your family doesn’t face unnecessary hurdles during an already emotional time.
Serving Clients Throughout East County, San Diego County, California and King County, Washington
At East County Estate Planning, PC, we’ve helped hundreds of families in San Diego, California and King County, Washington design personalized estate plans that avoid probate and protect what matters most.
Whether you’re just getting started with estate planning or need help updating your current documents, we offer:
Comprehensive trust-based estate plans
Probate avoidance strategies
Durable powers of attorney and health care directives
Special needs and blended family planning
Let’s Talk About Your Options
If you’re wondering whether a trust is right for your family, we offer complimentary consultations to walk you through the pros and cons. We’ll review your unique goals and provide honest, easy-to-understand guidance.
Don’t leave your estate to the courts—take control of your legacy today with a trust-centered estate plan.
East County Estate Planning, PC
Serving clients in:
El Cajon
Santee
La Mesa
Lakeside
Alpine
Greater San Diego Area
Kirkland
Redmond
Bellevue
Kenmore
Bothell
King County
Snohomish County
Office Locations
📞 Call us today at (619) 566-8084 or visit www.ecestateplanning.com to schedule your free consultation.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog or contacting our firm through this website does not create an attorney–client relationship. You should not act or refrain from acting based on any content included in this blog without seeking appropriate legal or other professional advice specific to your situation.
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