The $60,000 Probate Mistake: Why a Will Isn’t Enough in California

When “Everything Was Handled” Went Wrong

When she passed away, her kids thought they were protected. Their mom had a will, the house was paid off, and they believed that meant everything was “handled.”

But two years later, they were still tied up in probate court. And by the end of the process, more than $60,000 had disappeared -- money that should have gone directly to the children.

Exactly Where That $60K Went

It wasn’t just one thing.

• Attorney’s fees: California law sets probate attorney fees by statute, usually 4–7% of the estate’s value (California Courts – Probate FAQs). That alone cost this family tens of thousands.
• Executor’s fees: Executors are also entitled to statutory compensation, further reducing what heirs actually receive.
• Prop 19 impact: Because of how the property transferred, the children lost a valuable tax benefit under California’s Prop 19 rules. Their property taxes jumped, costing thousands more each year.
• Delays and emotional costs: Probate took nearly two years, while the family’s finances were public record and tied up in court.

The total? More than $60,000 gone — and peace of mind with it.

How Much Triggers Probate in 2025? (Plain English)

Most families assume probate is only for “the wealthy.” But in California, ordinary homeowners are pulled in automatically.

As of April 1, 2025, here are the key trigger points:

• $208,850 in total assets: If someone’s estate, including bank accounts, vehicles, or personal property, is worth more than this, probate is required (California Probate Code §13100).
• $750,000 for a primary residence: If real property is worth more than this, a full probate is triggered. Below that, families may qualify for a simplified transfer process (California Courts – Small Estate Transfer).

With California home prices, this means even families who don’t feel “wealthy” are often caught in the probate net.

What Most Families Don’t Realize

• A will guarantees probate if assets exceed those thresholds.
• Probate is public, expensive, and slow.
• Even modest estates end up in court, draining tens of thousands from heirs.

This is why so many families are shocked — they think a will is protection, when in reality it’s a ticket into probate court.

The Smarter, Calmer Way to Protect Family Wealth

A properly funded living trust is the solution. Unlike a will, a trust:

• Bypasses probate completely.
• Keeps assets private.
• Preserves tax benefits when structured correctly.
• Moves property directly to heirs, without delay.

But only if it’s done right — the trust must be funded during your lifetime (transferring the house, accounts, and assets into it). Otherwise, families are still left exposed.

Learn more about how I help families set up trusts that actually work: Estate Planning Services – Blue Pinnacle Law

Closing: Don’t Repeat the $60K Mistake

If you’ve ever thought, “My parents have a will, so we’re fine,” — the truth is, you’re not.

Don’t let your family be surprised by probate’s hidden costs.

Watch my short video where I share this $60,000 mistake and how to avoid it: The $60K Probate Mistake on YouTube

Because knowing isn’t enough — acting before it’s too late is what protects families.

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This article is a service of Blue Pinnacle Law, PC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Lighthouse Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by emailing our office today to schedule a Lighthouse Legacy Planning Session at rosanna@bluepinnaclelaw.com.

The content is believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

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