The Real Cost of Doing Nothing (And Letting the State Decide)

Most people don’t think of themselves as someone who needs an estate plan.
“I don’t have a mansion.”
“I’m not a celebrity.”
“My kids know what I want.”
But here’s the reality: Doing nothing is still a decision—and it puts someone else in charge.
That someone is the state of California. And the result? Delays, expenses, stress, and loss of control.
When There’s No Plan, This Happens
Let me tell you about Diane—a retired schoolteacher who passed away without a trust. She had one adult daughter, Elena, and a modest home in Hawthorne valued at around $850,000.
Diane always told Elena, “The house will be yours one day.” But since Diane never formalized her wishes in a trust, everything had to go through probate.
The court process took over two years. And during that time:
- Elena couldn’t access her mom’s accounts—not even to pay for the funeral
- She had to pay property taxes, HOA fees, and maintenance out of pocket
- The house sat vacant, attracted squatters, and cost $6,000 in repairs
- The statutory probate fees alone were $34,000 ($17,000 to the attorney and $17,000 to the administrator)
- After court filing fees, appraisal costs, publication, the probate referee, and unexpected delays, the total hit nearly $50,000
Elena had to borrow against her own home just to stay above water. And the hardest part? She was grieving. But instead of having time to mourn, she was navigating bureaucracy and bills for nearly two years.
(Names have been changed to protect privacy.)
Probate Isn’t a Technicality
When you die without a plan, the court steps in—and it’s not quick or painless:
- Accounts are frozen until a judge authorizes access
- The court picks the person in charge if you didn’t
- The average case now takes up to 2 years in California
- Your estate becomes public, exposing your loved ones to scrutiny and stress
- Fees can eat away tens of thousands, especially if real estate is involved
There’s also the emotional toll—uncertainty, infighting, resentment. It happens more often than you think.
But It Doesn’t Have to Be That Way
You don’t need to be wealthy to protect what matters. You just need a plan—and someone to help walk you through it.
At Blue Pinnacle Law, we make the first step easy with a 15-minute call. No jargon. No pressure. Just a real conversation about whether now is the right time to get this handled.
Want to Avoid the Diane Scenario?
Let’s make sure your family gets support—not stress—when they need it most. It starts with clarity.
Because doing nothing costs more than you think.
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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.