What Is the Difference Between a Will and a Trust in California?

If you’re starting to think about estate planning or handling a loved one’s estate you’ve probably asked yourself:
“Should we use a will or a trust?”

While both tools help transfer property after death, they work very differently. Understanding how each affects probate in California can save your family time, money, and stress.

✅ What Is a Will?

A will is a legal document that outlines:

• Who should inherit your property

• Who should be guardian of your minor children

• Who you want to serve as your executor

A will does not avoid probate. In fact, a will must be submitted to the probate court after death in order to be validated and enforced.

Pros:

• Simple to create

• Names an executor and guardians

• Provides clarity on your wishes

Cons:

• Still goes through probate

• Becomes public record

• Can be contested in court

✅ What Is a Trust?

A living trust is a legal entity that owns your property during your lifetime and transfers it to your beneficiaries when you pass—without probate.

You name a trustee (often yourself initially) and a successor trustee to manage your assets and carry out your wishes.

Pros:

• Avoids probate

• Keeps your affairs private

• Allows for faster distribution

• Can manage property in multiple states

Cons:

• Slightly more expensive to set up

• Requires active maintenance (retitling property, updating terms)

🧾 Which One Is Right for You?

Feature Will Trust

Goes through probate? ✅ Yes ❌No

Becomes public? ✅ Yes ❌ No

Effective immediately? ❌ Only after death ✅ While alive

Avoids court delays? ❌ No ✅ Yes

Requires ongoing management? ❌ No ✅ Yes

Many California families choose both a trust for major assets and a will as a backup (called a “pour-over will”).

🏡 Why It Matters for Real Estate

In California, where home values are high, probate can drag on for 9–18 months. A properly prepared trust can help heirs avoid:

• Court costs

• Probate delays

• Potential legal disputes

Read: Selling a Probate Property in California

👨‍⚖️ Final Thought

If you want your heirs to avoid court, preserve privacy, and speed up the transfer of property, a trust is often the better solution.

But either option is better than no plan at all.

📞 Let’s Talk Estate Planning & Probate Strategy

At The Borges Real Estate Team, we’ve worked with families all across Los Angeles and Orange County—whether they’re navigating probate or planning to avoid it altogether.

We can connect you with trusted estate attorneys and help you understand how your home, assets, and family will be affected.

📅 Schedule your free strategy consultation today, and let’s protect your legacy before probate ever becomes an issue.