{"id":371782,"date":"2016-03-31T21:34:32","date_gmt":"2016-04-01T02:34:32","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/california-law\/california-estate-planning-laws.html"},"modified":"2026-06-17T13:51:42","modified_gmt":"2026-06-17T18:51:42","slug":"california-estate-planning-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-estate-planning-laws.html","title":{"rendered":"California Estate Planning Laws"},"content":{"rendered":"\n
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\n \n California Estate Planning Laws\n <\/h1>\n \n California’s estate planning laws are comparatively straightforward.\n <\/p>\n <\/div>\n<\/div>\n\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California<\/span> estate planning<\/span> laws<\/span> cover how your assets are handled during an incapacity<\/span> or after your death. Important estate planning tools such as wills, revocable <\/span>living trusts<\/span>, and durable <\/span>powers of attorney<\/span> ensure your healthcare and financial wishes are honored.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The most important thing to know about estate planning is that it\u2019s for everyone. Estate planning is not only for the uber-wealthy, but instead for anyone who wants to have a say in how things are handled if they become incapacitated and when they die. An estate plan is basically a set of instructions that you provide ahead of time. This article explores what an estate plan is, the different ways you can plan ahead, and some unique aspects of California<\/span> law<\/span>.<\/p>\n

What Is an Estate Plan?<\/h2>\n

Your estate is all of the things you own (assets). This includes real property<\/span> (real estate<\/span>), personal property, retirement accounts<\/span>, life insurance<\/span> benefits, collections, business interests, and more. Digital assets<\/a>, such as cryptocurrency, loyalty rewards, subscriptions, cloud storage, and your online presence, are also part of your estate.<\/p>\n

Your estate plan<\/a> is the collection of legal documents<\/span> that work together to ensure your wishes are carried out if you become incapacitated or when you die. Having an estate plan in place often provides valuable peace of mind<\/span> through the knowledge that family members<\/span> and loved ones<\/span> will be taken care of the way you\u2019d want. California<\/span> law<\/span> provides several tools so that you can plan ahead of time how your assets will be managed if you become incapacitated and how they will be distributed after your death.<\/p>\n

What Happens if You Die Without an Estate Plan?<\/h2>\n

If you don\u2019t have an estate plan in place when you die, California<\/span>\u2019s intestate succession laws<\/a> come into play. The probate<\/span> court<\/span> will distribute your assets according to the intestacy<\/span> laws. Typically, this means half of your estate will go to your surviving spouse<\/span>, with the remainder divided among family members<\/span>. If you don\u2019t have a surviving spouse<\/span>, the court divides your estate among family members<\/span>. This may mean your estate goes to distant relatives you\u2019ve never met. Having an estate plan in place helps ensure that your loved ones<\/span> get what you want them to.<\/p>\n

Not All Estates or Assets Must Go Through the Probate<\/span> Process<\/span><\/h2>\n

Probate<\/span> is a shorthand way of describing the probate<\/span> court<\/span>\u2019s oversight<\/a> of the process that transitions the ownership of your assets after you die. As a general overview, the probate<\/span> process<\/span> is:<\/p>\n