
Make Estate Planning Your New Year’s Resolution: Why Setting Up a Trust in California Matters More Than You Think
January 6, 2026Estate planning in California is not just about deciding who receives your assets. It is about protecting the people you care about from unnecessary stress, delay, and expense at an already difficult time. At Kushner Legal Corporation, we work with clients throughout Los Angeles and Palm Springs who want clarity, privacy, and confidence that their plan will actually work when it matters. One of the most effective tools to accomplish this is a revocable living trust.
Below are five reasons a revocable living trust plays such a central role in many California estate plans.
1. Avoiding California Probate
Probate in California is often far more burdensome than people expect. It is a public court process that can take a year or longer, even for relatively straightforward estates. Attorney and executor fees are set by statute and are based on the gross value of the estate, not the net value, under California Probate Code sections 10810 and 10800. A properly drafted and funded revocable living trust allows assets to pass outside of probate entirely. Your successor trustee can administer the trust without court involvement, saving time, money, and frustration for your loved ones.
2. Maintaining Privacy
When an estate goes through probate, the court file becomes a public record. Anyone can see what assets were owned, who inherited them, and how they were distributed. Many clients are surprised to learn how little privacy a will provides. A revocable living trust operates privately. The terms of your plan, the nature of your assets, and the identities of your beneficiaries remain outside the public court system. For families who value discretion, this privacy is a significant benefit.
3. Planning for Incapacity
A strong estate plan also protects you during your lifetime. If you become incapacitated and do not have a trust in place, your family may be forced to seek a court supervised conservatorship under California Probate Code section 1801. Conservatorships can be costly, time consuming, and intrusive. With a revocable living trust, you name a successor trustee in advance who can step in and manage trust assets for your benefit if needed. This allows for continuity and avoids court intervention at a vulnerable moment.
4. Control Over Distribution
A revocable living trust allows for far more flexibility than a simple will. You can decide when and how beneficiaries receive assets, whether distributions should be delayed or staggered, and how funds should be managed for minors or beneficiaries who may need additional protection. Because the trust is revocable, you retain full control during your lifetime. You can amend or update the trust as your circumstances change, whether that involves a marriage, a divorce, a growing business, or new real estate.
5. Easier Administration for Loved Ones
Trust administration is typically far more efficient than probate. There are fewer formal notices, fewer court deadlines, and significantly less procedural complexity. While California Probate Code section 8200 imposes strict duties when a will is involved, a trust based plan allows your successor trustee to focus on carrying out your wishes rather than navigating the court system. This clarity often reduces conflict and helps families move forward with less tension and uncertainty.
At Kushner Legal Corporation, we believe estate planning should be practical, thoughtful, and grounded in real life. A revocable living trust is not about overcomplicating things. It is about creating a plan that functions smoothly during incapacity, protects privacy, and spares your family unnecessary hardship later.
If you already have an estate plan, it may be time to review whether your trust is properly funded and still aligned with your goals. If you do not yet have a trust in place, taking action now can make a meaningful difference for the people you love. You can learn more about our approach to California estate planning or schedule a consultation by visiting www.kushnerlegal.com.




