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Will vs. Living Trust in Chino Hills: Which Is Right for You?

When it comes to estate planning in Chino Hills, CA, many people wonder: Should I create a will or a living trust? While both documents play essential roles in protecting your assets and ensuring your wishes are honored, the right choice depends on your unique circumstances.

In this blog, our Chino Hills estate planning attorneys break down the differences between a will and a living trust, and help you decide which option is best for your California estate plan.

What Is a Will?

A last will and testament is a legal document that outlines how you want your property distributed after your death. It also allows you to:

  • Name guardians for minor children

  • Appoint an executor to manage your estate

  • Specify how debts and taxes should be paid

However, wills in California must go through probate, a court-supervised process that can be time-consuming and expensive.

What Is a Living Trust?

A revocable living trust is an estate planning tool that allows you to place your assets into a trust during your lifetime. You maintain control of those assets and can make changes or revoke the trust at any time. Upon your death, the assets pass directly to your beneficiaries without going through probate.

A living trust offers:

  • Privacy (it avoids public probate court)

  • Faster distribution of assets

  • Ongoing management if you become incapacitated

Key Differences Between a Will and a Living Trust

Feature Will Living Trust
Probate Required? Yes No (if properly funded)
Effective When? After death Immediately upon creation
Privacy Public record during probate Private
Covers Incapacity? No Yes (via successor trustee)
Complexity & Cost to Set Up Simple, less expensive More complex, higher upfront cost

Which Option Is Right for You?

Here are some considerations when deciding between a will or living trust in Chino Hills:

Choose a Will if:

  • You have minimal assets and no real estate

  • You are comfortable with the probate process

  • You want a basic, affordable option

Choose a Living Trust if:

  • You own real estate in California

  • You want to avoid probate court

  • You want to plan for potential incapacity

  • You have a blended family or complex distribution wishes

California Law and Estate Planning in Chino Hills

 

Under California probate law, estates valued over $184,500 (as of 2024) must go through probate unless assets are placed in a living trust or otherwise exempt. If you own a home in Chino Hills, your estate likely exceeds this threshold—making a revocable living trust a smart option.

Working with a knowledgeable Chino Hills estate planning attorney ensures your documents are legally sound and customized to your goals.

Schedule a Consultation with a Chino Hills Estate Planning Attorney

 

At Clavel Law, we help clients across Chino Hills, San Bernardino County, and Southern California create personalized estate plans that protect what matters most. Whether you need a will, a living trust, or a complete estate planning package, we’re here to guide you every step of the way.