California Estate Planning Checklist: Every Document and Step You Need

Estate planning in California isn't a single document — it's a coordinated set of legal instruments that cover what happens to your assets at death, who makes decisions if you're incapacitated, and how to protect your family from California's aggressive probate fee structure. Missing one piece can undo the rest.

This checklist covers every essential component, in the order you should complete them.

The Core Estate Planning Documents

1. Will or Revocable Living Trust

Every California estate plan starts here. A will tells the probate court how to distribute your assets. A revocable living trust bypasses the court entirely.

If you own a home in California — which almost always exceeds the $208,850 small estate threshold — a trust is strongly recommended. A will alone guarantees probate for real property above that threshold.

For parents of minor children, a will is essential regardless of whether you also have a trust, because it's the only document that nominates a guardian.

2. Durable Power of Attorney (DPOA)

The California Statutory Durable Power of Attorney (Probate Code Sections 4400-4465) authorizes someone you choose to manage your finances if you become incapacitated. Without it, your family must petition for a conservatorship — a public, expensive, court-supervised process.

Requirements: signed, dated, and either notarized or witnessed by two qualified adults. The agent cannot serve as a witness. If the DPOA grants real estate powers, notarization is required for recording.

3. Advance Health Care Directive (AHCD)

Under Probate Code Section 4701, this document appoints a healthcare agent and records your medical treatment preferences. It requires notarization or two witness signatures, with specific restrictions — at least one witness must not be related to you and must not inherit from your estate.

If you're in a skilled nursing facility, a patient advocate or ombudsman must witness the signing, or the directive is legally void.

4. POLST Form

The Physician Orders for Life-Sustaining Treatment is a medical order — not an advance directive — that communicates your immediate treatment preferences to emergency responders. It's signed by both you and a healthcare provider, printed on bright pink paper, and recognized by California Health and Safety Code Section 4780.

The POLST is appropriate for people with serious illness or advanced age. It doesn't replace the AHCD — the two work together.

Asset Protection and Transfer Steps

5. Fund Your Trust

If you created a trust, you must actually transfer assets into it. An unfunded trust provides zero probate protection. This means recording a deed for real estate, retitling bank and brokerage accounts, and updating beneficiary designations.

6. Review Property Title

Check how your home is titled. For married couples, community property with right of survivorship provides automatic transfer at death plus the full double step-up in cost basis. Joint tenancy only gives a 50% step-up.

7. Beneficiary Designations

Review and update beneficiary designations on all retirement accounts (IRA, 401k), life insurance policies, and POD/TOD accounts. These override your will and trust — an outdated designation can send assets to an ex-spouse regardless of what your estate plan says.

8. Transfer on Death Deed (If Not Using a Trust)

If a trust isn't right for your situation, a TOD deed lets you name a beneficiary for your home. It must be recorded within 60 days of signing.

Estate Planning After Buying a House

Purchasing a home in California is the single most common trigger for estate planning — and the step most new homeowners skip. After closing:

• Determine how you'll title the property (community property with right of survivorship for married couples, or transfer into a trust)
• If using a trust, record a grant deed transferring the property into the trust and file the PCOR
• If not using a trust, consider a TOD deed
• Update your homeowner's insurance to reflect the trust if applicable
• Confirm the transfer doesn't trigger property tax reassessment (interspousal and trust transfers are generally exempt)

Common California Estate Planning Mistakes

Relying on a will alone for a home above $208,850. A will does not avoid probate. It instructs the probate court — which charges statutory fees on the gross value of your estate.

Creating a trust but never funding it. The most expensive mistake in California estate planning. The trust document sits in a drawer while your home goes through probate.

Naming "my estate" as beneficiary on retirement accounts. This routes the asset into probate and may accelerate taxes. Name individuals or your trust.

Ignoring Proposition 19. Inherited property faces reassessment unless the beneficiary moves in as their primary residence and files for the exclusion within one year. Plan transfers with Prop 19 in mind.

Skipping the annual review. New accounts, new property, births, deaths, marriages, and divorces all require updates. An annual 30-minute review prevents expensive gaps.

The Complete Kit

The California Basic Estate Planning Kit includes every checklist, decision framework, and form reference covered here — plus the trust funding tracker, Prop 19 compliance checklist, Medi-Cal planning checklist, annual review schedule, and the complete form directory for California's county recording requirements.

See more California guides →