You’ve worked hard for everything you have — your home, your savings, the life you’ve built. But without a clear legal plan in place, a California court could eventually decide who inherits all of it. And that process doesn’t come cheap.

For most San Fernando Valley families, the question isn’t whether estate planning matters. It’s whether they can afford it — and whether the cost of waiting might be far worse. This article breaks down exactly what you can expect to pay for an estate plan, what California probate actually costs when there isn’t one, and why the math almost always points in the same direction.

If you want to talk through your specific situation, Savin Bursk Law offers free consultations with a State Bar Certified Specialist in Estate Planning, Trust, and Probate Law.

What Does an Estate Planning Lawyer Actually Cost in California?

There is no single statewide fee schedule for estate planning. What you pay depends on what you need, the complexity of your assets, and the experience of the attorney you work with. That said, general cost ranges are well-established.

According to the National Council on Aging (NCOA), here is what families typically pay:

• Basic will: Free (DIY) to $1,500 or more with an attorney
• Living trust or standard trust package: $1,000 to $4,000
• Comprehensive estate plan (will, trust, power of attorney, healthcare directive): $2,000 to
  $5,000 or higher

Several factors push costs higher: owning real estate, having a blended family, running a business, or needing detailed trust-based planning to protect privacy and avoid court involvement. A straightforward plan for a single person with simple assets will cost far less than one for a couple with multiple properties and children from prior relationships.

Why a Cheap Will Can Become the Expensive Option

Many people try to save money with a $30 online will template. It feels like a practical solution. But here is the problem: a basic will does not keep your estate out of California probate court. It is simply a set of instructions
for the court. Spending a small amount on a will today could force your family to spend tens of thousands in court fees tomorrow. We will show you exactly what that looks like in a moment.

Why Do So Many People Wait — And What Does Waiting Cost?

Procrastination on estate planning is almost universal. A national survey published in the UC Davis Law Review found that nearly 44% of adults have no estate planning documents at all. Only 43% had a basic
will, and just 26% had created a revocable trust. A mere 19% of adults had what researchers considered a comprehensive plan.

The same research found that the likelihood of having a will rises sharply after age 45 — which is exactly when the financial stakes of doing nothing begin to peak.

“My Family Already Knows What I Want”

This is one of the most common reasons people give for not having a plan. It sounds reasonable. It is not a legal strategy.

Knowing what you want and having the legal authority to act on it are two entirely different things. Without legally binding documents, your family members cannot access your bank accounts, sell your home, or distribute your belongings without first going through the court. Good intentions do not override California law.

A Plan Protects You While You Are Still Alive

Estate planning is not only about what happens after you die. It also protects you while you are here. If you suffered a sudden medical emergency tomorrow, who would pay your mortgage? Who would speak with your doctors? The same UC Davis survey found that only 44% of adults have a healthcare power of attorney, and only 38% have a financial power of attorney. Without those documents, your family might have to petition a judge just to make decisions on your behalf.

How Expensive Is California Probate If You Own a Home?

This is where the numbers get serious.

Probate is the court-supervised process of validating a will, paying debts, and distributing assets after someone dies. In California, it is governed by a rigid statutory fee formula — and it is one of the most expensive probate systems in the country.

Under California Probate Code Section 10810, both the attorney and the executor (called a personal representative) are each entitled to a fee based on the gross value of the estate:

Estate Value	Fee Per Party	Total (Attorney + Executor)
First $100,000	4% = $4,000	$8,000
Next $100,000	3% = $3,000	$6,000
Next $800,000	2% = up to $16,000	up to $32,000

On a $1 million estate, that is $23,000 to the attorney and another $23,000 to the executor — $46,000 in ordinary statutory fees before a single dollar reaches your family.

The Detail That Shocks Most Families

Statutory fees are calculated on the gross value of your assets — not your equity. If you own a home worth $900,000 but still owe $600,000 on the mortgage, probate fees are calculated on $900,000. The court does not care about your equity. It does not matter that your net value is $300,000. The fee is based on the full market value of everything you own.

The Fees That Pile On Top

The statutory percentages are just the starting point. California probate also requires:

• Court filing fees: $435 for the first petition, plus additional fees for motions and hearings
• Probate referee: Required by California law to appraise all non-cash estate assets; the fee is
  0.1% of appraised value
• Newspaper publication: Required notice must run in a local newspaper for three consecutive
  weeks
• Surety bond: Often required when there is no will waiving it
• Accounting and tax fees: If the estate requires tax filings or formal accounting

When all of these are added together, total probate costs on a California estate commonly reach 4% to 7% of gross estate value or more.

What That Looks Like for a Typical San Fernando Valley Family

Say a homeowner passes away owning a house worth $900,000 and $50,000 in bank accounts — a combined gross estate of $950,000.

Upfront Planning Cost	Possible Probate Cost
Comprehensive trust plan: $2,000–$5,000	Statutory attorney fee: ~$22,000
Court involvement: None	Statutory executor fee: ~$22,000
Family privacy: Protected	Total ordinary fees alone: ~$44,000
Timeline: Weeks	Timeline: 12–24 months

A properly funded living trust would have avoided every one of those costs. The family would have received the estate in weeks, not years, with no court involvement and no public record.

Does Probate Really Take That Long?

California’s mandatory four-month creditor claim period under Probate Code Section 9100 sets a hard floor on the process — no estate can close faster than roughly eight months even under ideal conditions. For estates involving real property, 12 to 18 months is the typical range, with court backlogs in Los Angeles County commonly pushing cases toward the longer end.

Who Needs Probate in California — And Who Can Avoid It?

California does offer simplified transfer procedures for smaller estates, but homeownership almost always pushes families past those limits.

For deaths occurring on or after April 1, 2025, the current California probate thresholds are:

• Small estate affidavit (personal property only): $208,850
• Petition for primary residence: $750,000
• Affidavit for real property of small value: $69,625

Given current home values in Granada Hills, Northridge, Porter Ranch, and surrounding communities, most San Fernando Valley homeowners will trigger formal probate based on the value of their home alone — before any bank accounts, vehicles, or other assets are counted.

If I Already Have a Will, Isn’t That Enough?

A will is a good start. It is not a complete plan.

A will lets you name who should receive your assets and who should care for your minor children. Without one, California’s intestate succession laws make those decisions for you — and a judge decides who raises your kids.

But here is what most people do not realize: a will does not bypass probate. It is simply instructions to the court. Your will must be validated by a judge before anything can be distributed. It becomes a public record. And if you own real property in California, a will guarantees your estate goes through the costly, year-plus process described above.

A properly funded revocable living trust, by contrast, keeps your estate out of court entirely. Assets held in the trust pass directly to your beneficiaries — privately, on your timeline, without court involvement.

Do I Really Need a Trust If I’m Not Wealthy?

This is one of the most persistent misconceptions in estate planning. Living trusts are not just for the wealthy. They are a practical tool for any California homeowner whose estate exceeds the $208,850 probate threshold — which, given current home values, applies to the vast majority of families in the San Fernando Valley.

The cost of setting up a comprehensive trust-based plan is almost always a fraction of what probate would cost. And a trust does something a will cannot: it also protects you during your lifetime, ensuring your affairs are managed by someone you chose — not someone a court appoints — if you become unable to make decisions.

The Difference a Certified Specialist Makes

Not every estate planning attorney is the same. The State Bar of California grants the title of Certified Specialist in Estate Planning, Trust, and Probate Law to attorneys who have passed a rigorous examination,
demonstrated extensive experience in the field, completed ongoing education requirements, and been favorably evaluated by judges and peers. It is a distinction very few California attorneys hold.

Importantly, the State Bar notes that hiring a certified specialist does not automatically mean paying more. What it does mean is working with an attorney whose depth of knowledge matches the weight of the decisions you are making.

At Savin Bursk Law, our estate planning practice is led by a State Bar Certified Specialist — bringing that level of expertise to every client in Granada Hills, Northridge, Porter Ranch, Sylmar, Encino, and the surrounding communities.

The Bottom Line

The upfront cost of a solid estate plan is real. For most families, it falls somewhere between $2,000 and $5,000 for a comprehensive plan built around a living trust. That is not a small amount.

But stack it against what California probate costs — $44,000 or more in statutory fees alone on a typical San Fernando Valley home, plus 18 to 24 months of court proceedings, carrying costs, and no access to assets — and the math is clear. The cost of not planning is almost always far higher than the cost of doing it right.

You have worked hard for everything you have. Don’t leave your legacy up to a court formula.

Call Savin Bursk Law at (818) 368-8646 or visit savinbursklaw.com to schedule your free consultation today.