Roseville, CA estate planning & probate attorney Kristin M. Kaminski talks about how a trust can help you. She explains that a trust provides assistance in situations of both incapacity and death. When an individual becomes incapacitated, the trustee assumes immediate control and manages the assets on their behalf. Unlike a will, a trust is a living document that takes effect while the individual is alive, whereas a will becomes relevant only after death.

One of the most significant advantages of a trust is its ability to help avoid probate fees. Probate is a court-supervised process that typically lasts about sixteen months in California and can be costly. Probate-related expenses, including attorney fees, can be substantial. For instance, in a $200,000 estate, attorney fees alone may total around $7,000, not including filing and publication costs. In larger estates, such as a $5 million estate, attorney fees can reach approximately $54,000. By establishing a trust, individuals can significantly reduce these costs, though some administration fees may still apply—fees that are generally far lower than those associated with probate.