California estate planning checklist: what every family should have in place

What belongs on a California estate planning checklist?

A complete plan has seven parts: a will, a revocable living trust, a financial power of attorney, a health care directive, beneficiary designations that match your wishes, assets actually placed in the trust, and a plan for the family home. Use the table below to see what you have and what is missing.

This checklist is general education. It is not legal advice. An estate planning attorney should draft and review your documents. Our page on trust and estate planning explains how Seek First approaches the topic.

Does California have an estate tax?

No. California has no estate tax. The State Controller’s Office says that “a California Estate Tax Return is not required to be filed for decedents whose date of death is after December 31, 2004.” The state tax tied to the old federal credit no longer applies.

That does not mean California families can skip planning. Three costs remain. The first is federal estate tax for very large estates. The second is the time and expense of probate. The third is property tax, which can rise when a home changes hands.

Our post on why California families still need a trust goes deeper.

Does the federal estate tax apply to your family?

It applies only above a high filing threshold. For people who die in 2026, the IRS lists a threshold of $15,000,000. The figure is for the year of death and counts taxable gifts made during life. Most families fall below it.

The IRS says: “Most relatively simple estates (cash, publicly traded securities, small amounts of other easily valued assets, and no special deductions or elections, or jointly held property) do not require the filing of an estate tax return.”

Three cautions apply.

• The threshold is set for each year. Check the IRS estate tax page for the current figure.
• The rules can change. Ask your attorney and CPA how they apply to your estate.
• A spouse may be able to carry over unused exemption, and the IRS page describes the election. Ask your attorney about it.

For a plain definition, see our glossary entry on the federal estate tax exemption.

Do you need a will, a trust, or both?

Most families with a home, investments or children benefit from both. A will works through probate court. A revocable living trust holds assets so they can pass to heirs without that court process. A pour-over will catches anything left out of the trust.

Here is how they differ.

A trust only works if you fund it. That means retitling the house, bank accounts and brokerage accounts, and naming the trust on forms where the law allows it. An unfunded trust is a common and costly mistake. Ask your attorney to confirm every asset.

Our compare page on revocable and irrevocable trusts explains the main choices. The glossary entry on irrevocable trusts covers the other type.

What is probate in California, and when can your family skip it?

Probate is the court process that proves a will, pays debts and transfers assets. Small estates can sometimes skip it for certain personal property, if the value is under a limit and at least 40 days have passed since the death. Real property follows different rules.

California Probate Code section 13100 says that if the value is under the limit “and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will,” collect or transfer certain items of property.

The limit changes over time. The Judicial Council’s form DE-300 says its values for a decedent who died on or after April 1, 2025 are in the right column. For the personal property affidavit, that column lists $208,850. The form adds: “Unless otherwise provided by statute after April 1, 2025, these values will next be adjusted April 1, 2028.”

Two cautions matter here.

1. Older pages may show older numbers. The court’s self-help page on the small estate affidavit still shows $184,500, which applied to deaths from April 1, 2022. Always confirm the current DE-300.
2. Real property is different. The court says, “You cannot use this type of Affidavit to transfer real property (like a house, building, or land).” Another process may apply, so ask a California attorney how your home would pass.

Our glossary entry on probate defines the terms. Ask a California attorney whether your estate would qualify.

Which documents protect you while you are alive?

A durable financial power of attorney and an advance health care directive. A will and a trust do nothing until death, but incapacity can come first. These two documents name who acts for you, and they spare your family a court process.

Include these steps:

1. Choose your agents. Pick people who are calm, honest and available. Name a backup for each role.
2. Describe your wishes. Write down your medical preferences and your values. Faith often shapes these choices, so say so plainly.
3. Share copies. Give them to your agents, your doctor and your attorney.
4. Keep them current. Replace documents after a divorce, a death or a falling out with a named agent.

Our glossary entries on durable power of attorney and advance health care directive explain the terms.

Why do beneficiary designations matter so much?

Because they often override your will. A retirement account or life insurance policy goes to the person named on the form, no matter what the will says. Check each form after every major life event.

Use this short review.

A name on a form can also create tax questions. Ask your CPA how each account is taxed when it passes to heirs.

What does Prop 19 mean for the family home?

Prop 19 narrowed the property tax break for parent-to-child transfers. The exclusion now applies to a family home that becomes the child’s own principal residence, plus family farms. A child who rents the home out generally does not qualify.

The Board of Equalization states that “Proposition 19 limits the parent-child transfer exclusion to a transfer of (1) a family home that is the principal residence of the transferor and becomes the principal residence of the transferee, or (2) a family farm.”

Trusts do not change this. The BOE explains that when a revocable trust becomes irrevocable, a change in ownership occurs, and “This typically occurs upon the death of the trustor.”

Read our full guide on Prop 19 and passing on a California home. Our glossary entry on Proposition 19 gives a short definition. Property tax is a place where an attorney’s advice before a transfer matters most.

What about taxes on inherited assets?

Ask your CPA how each asset is taxed when it passes. The tax basis of an asset can change the tax on a later sale, and retirement accounts follow different rules. Do not assume all inherited assets are treated alike.

Our glossary entry on step-up in basis explains the idea. Your CPA can run examples with your real numbers. That kind of coordination is why attorney, CPA and advisor should talk to each other.

How do you keep your estate plan current?

Review it every few years and after any big life change. A plan from ten years ago may name people who have died, miss a new grandchild, or ignore a home you bought later. Dates are the easy part. Habits matter more.

Put these triggers on your calendar:

• Marriage, divorce or remarriage
• A birth, adoption or death in the family
• A move, or the purchase or sale of a home
• The sale of a business, or a large change in wealth
• A change in who you trust to serve as trustee or agent
• A change in your giving plans or the charities you support

Faith belongs in the review too. Many families want their documents to show what they value, not only who gets what. Our guide on preparing heirs and legacy conversations covers the family side of the plan.

Who should be on your planning team?

At least an estate planning attorney, a CPA and a financial advisor who talk to one another. The attorney drafts documents. The CPA models taxes. The advisor keeps accounts, beneficiaries and giving in line with the plan. Gaps appear when these people work apart.

Seek First lists Trust & Estate Planning among its services, with an estate planning attorney on the team. Its Comprehensive Financial Strategy covers five pillars: taxes, investments, legal, insurance and goals. You can read more on how we serve.

Next step

Take this checklist to your attorney and mark what you already have. For how Seek First supports families with estate planning, see trust and estate planning. Or schedule a free 20-minute call, or phone (866) 398-4044.