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.
The Misconception of What a Will Actually Does
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