Most people put off estate planning because they assume it is expensive and complicated. For a typical California family it is neither. A complete will and trust package from Volo Law is $1,000, and it is usually finished in two meetings.
What is expensive is skipping it. When a California resident dies owning a home in their own name, the estate generally goes through probate — a court-supervised process that commonly runs 12 to 18 months and is billed under a statutory fee schedule. On a $1 million estate, the statutory attorney’s fee and the executor’s fee come to roughly $23,000 each. In Santa Clara and Alameda County, where a median home clears that figure on its own, this is a homeowner problem, not a wealthy-family problem.
A properly drafted and funded living trust avoids all of it. Your successor trustee distributes your assets under the terms you wrote, with no court file and no statutory fees.
Why a Living Trust Matters in California
The main purpose of a trust is to avoid probating property you own, which saves your family a great deal of time and money. A revocable living trust also:
Keeps your affairs private.
A probated will becomes a public court record; a trust does not.
Names who decides, and when.
You choose your successor trustee and set the ages at which children inherit.
Plans for incapacity.
If you cannot manage your own affairs, your trustee steps in without a conservatorship.
Stays changeable.
You can amend or revoke it at any time while you are alive and competent.
Protects the property tax basis.
California’s Proposition 19 rules on parent-to-child transfers are strict, and drafting affects the outcome.
California has no state estate tax, and the federal exemption is $15 million per person in 2026. For most families the problem is not taxes. It is probate.
Wills and Trusts We Prepare
Most clients need some combination of these rather than all of them.
Revocable living trusts are the centerpiece of most California estate plans. You keep full control as your own trustee during your lifetime, and the assets bypass probate when you die.
Wills and pour-over wills direct who inherits and nominate a guardian for minor children. A pour-over will catches any asset never retitled into the trust.
Irrevocable trusts move assets permanently out of your taxable estate. They cannot be casually undone, so they warrant a careful conversation first.
Child’s trusts hold a young beneficiary’s share and release it at the ages or milestones you set, rather than handing over a lump sum at 18.
Special needs trusts supplement what Medi-Cal, SSI, and other needs-based programs provide, without disqualifying a disabled beneficiary from them.
Powers of attorney and advance health care directives name who handles your finances and who makes your medical decisions if you cannot. Both are included in the package.
Trust amendments and restatements keep a plan current after a marriage, divorce, new child, move, or change of trustee. Straightforward amendments are $150.
Trust administration guidance helps successor trustees with beneficiary notices, asset valuation, debts and final taxes, and distribution.
How Probate Works in California
If you die owning California real property in your own name, your family will likely end up in probate court — Santa Clara County for San Jose residents, Alameda County for Fremont. The sequence is predictable:
A petition is filed, a hearing is set, and notice goes to heirs and known creditors
The court appoints a personal representative and issues Letters.
The estate is inventoried and appraised, using a court-appointed probate referee.
Creditors file claims, and debts and final taxes are paid.
The court reviews the accounting and orders distribution — only then do beneficiaries receive anything.
Twelve to eighteen months is typical. Statutory fees are calculated on gross value, before the mortgage is subtracted, so a $1.2 million house carrying a $700,000 loan generates fees on the full $1.2 million. California does offer simplified procedures for smaller estates, but whether they apply depends entirely on how your assets are titled.
What Working With Volo Law Looks Like
A free 20-minute consultation. Call 408-288-5431 and get a straight answer about whether you need a trust, a will, or something simpler.
A flat fee, quoted up front. No hourly billing and no surprise invoice.
An online questionnaire covering your assets, beneficiaries, and the people you want as trustee, executor, and guardian.
Drafting, review, and a walk-through so you understand what each document does before you sign it.
Signing, notarization, and funding including the deed transferring your California real property into the trust. A trust that is never funded does not avoid probate.
Questions later are free. If something comes up years from now, call.
Flat-Fee Estate Planning Prices
| Document | Flat fee |
| Complete will and living trust package | $1,000 |
| Trust amendment | $150 |
| Community property agreement | $250 |
| Interspousal deed | $100 |
| Prenuptial / marital agreement | $500 |
All documents are for typical, simple scenarios. Complicated documents may require more time and cost, and all fees must be approved by you in advance. Fees do not include third-party or government filing fees. See the full Flat Fee Packages page for business, loan, and real estate documents.
Why Clients Choose Volo Law
Tony Bayard de Volo has practiced law for more than twenty years. He graduated with high honors from the University of California, Berkeley, then earned his law degree at Boston University School of Law, finishing in the top ten percent of his class with an emphasis on tax law. He practiced at large firms in Chicago and Newport Beach before opening his own office in 2003. He is also a practicing California real estate broker, which matters when the main asset is a house.
You work directly with the attorney from the first call through the signing. No associates, no paralegal handoffs, no hourly meter.
“Tony made the living trust planning simple and easy to understand. He was very responsive to my questions and concerns.”
– Raymond
Serving San Jose, Fremont, and the Bay Area
Our office is at 1541 The Alameda in San Jose. We serve clients throughout Santa Clara County — San Jose, Santa Clara, Campbell, Milpitas, Sunnyvale, Cupertino, Los Gatos, and Saratoga — as well as Fremont, Union City, Newark, and southern Alameda County.
Frequently Asked Questions
Schedule Your Free 20-Minute Consultation
If you have been meaning to get a will and trust done, the hardest part is the phone call. Twenty minutes tells you what your family actually needs, what it will cost, and how quickly it can be finished — at no charge and no obligation. Attorney Tony Bayard de Volo handles every matter personally.