Estate planning in California often begins with a simple but important question: should you create a will, a trust, or both. While both documents are designed to distribute your assets according to your wishes, they function in very different ways under California law.
At Kushner Legal Corporation, we help Californians understand these differences and create plans that secure their legacy. Below are five key differences between wills and trusts, with references to the California Probate Code where relevant.

1. 1. Probate Requirements

      One of the biggest distinctions between wills and trusts is whether your estate must go through probate. Probate is the court supervised process of proving a will, appointing an executor, paying debts, and distributing assets.

      • Wills: Most wills must be probated unless the estate falls below the “small estate” threshold in Probate Code Section 13100.
      • Trusts: Assets held in a properly funded revocable living trust avoid probate. Probate Code Section 15200 recognizes express trusts that can hold property and distribute it without court involvement.

      Avoiding probate usually means faster distribution, lower costs, and more privacy for your loved ones.

   2. Privacy of Your Estate

      A will becomes a public record once filed with the probate court. This means your estate details and beneficiaries are open for inspection.A trust is generally private. Disclosure is limited to beneficiaries and trustees under Probate Code Sections 16060–16061.7, keeping your financial matters confidential.

      “A living trust is one of the most effective ways to protect your family’s privacy while avoiding the delays of California probate.”3.

   3. Timing of Control and Management

      A will only takes effect after death. It does not provide management of your property during your lifetime. If you become incapacitated, the court may need to appoint a conservator.A living trust, by contrast, is effective immediately once created and funded. Under Probate Code Section 15200, a trust can manage property during your lifetime, in case of incapacity, and after death. Your successor trustee can step in without court involvement.

   4. Flexibility of Distribution

      A will typically distributes assets outright once probate concludes. Testamentary trusts can be created through a will, but they still require probate first.A living trust allows far more flexibility. Under Probate Code Section 16000, trustees must follow the terms of the trust, which can include staggered distributions, conditions for beneficiaries, or ongoing support for children and loved ones with special needs.

   5. Cost and Complexity

      A will is usually less expensive to draft, but probate costs later can outweigh the initial savings. California’s statutory probate fees under Probate Code Section 10810 are based on the gross value of the estate, not the net value, which can make probate very costly for real estate owners.A trust requires more upfront planning and effort, including transferring property titles and updating beneficiary designations. However, the long term savings, privacy, and flexibility often make a trust the more effective tool.

The Bottom Line

In California, both wills and trusts play an important role in estate planning. A will ensures your wishes are legally documented, while a trust provides ongoing management, privacy, and probate avoidance. For many people, the right solution is to have both — a trust for asset management and a “pour over” will to capture anything not placed in the trust.

At Kushner Legal Corporation, we create estate plans tailored to each client’s circumstances, ensuring compliance with the California Probate Code and protecting your family’s future.

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Planning your estate does not have to be overwhelming. Let us guide you through your options and create a plan that reflects your wishes.

Call us today at (310) 279-5166
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