The Misconception of What a Will Actually Does
A Will is a set of instructions. It is not a key.
Most people believe that having a Will means their family can immediately handle their affairs. In California, it’s rarely that simple.
Think of your assets as being behind a locked gate.
- The Will: These are the instructions on who should receive what.
- The Problem: The instructions are inside the gate.
- The Key: To unlock that gate, your family must go through the California Probate Court.
For many families, this "key" comes with a significant price tag:
⏳ Time: Expect a wait of 9–18 months before the gate opens.
💸 Cost: Statutory fees are calculated on the gross value of the estate (before debts are paid).
📂 Privacy: Because it’s a court process, your private legacy becomes a public record.
A Will provides direction, but it doesn't provide immediate access.
While a Will is a foundational document, this is exactly why many choose to build their plan around a Living Trust to ensure the gate is already open when their family arrives.
Technical Note: This applies to probate assets. Accounts with designated beneficiaries or joint titles often bypass this gate (i.e. the probate process). California also offers simplified procedures for small estates.