1. What Should You Review in an Estate Plan?
An estate plan contains documents with different legal purposes. Some govern property transfers after death, while others authorize decisions during the owner's lifetime. The first task is to identify which document or ownership arrangement controls each asset.
Wills, Trusts, and Decision-Making Authority
A will directs the distribution of property governed by its terms and applicable law. It also allows parents to nominate guardians, although the court determines appointments.
A revocable living trust generally governs property transferred into it. A properly funded trust often allows administration without formal probate.
A durable power of attorney authorizes financial decisions during the principal's lifetime. An advance health care directive addresses medical decisions separately.
These distinctions matter when reviewing estate planning and testamentary documents.
Beneficiary Designations and Property Titles
Life insurance proceeds and retirement benefits commonly pass under beneficiary designations rather than a will. Joint tenancy property generally passes to the surviving joint tenant through survivorship rights.
For each significant asset, compare the legal owner, designated beneficiary, and intended recipient. Deeds and account records establish details that a general estate planning checklist cannot resolve.
2. When Estate Planning Documents Conflict
A valid estate plan can still produce an unexpected distribution. The problem often arises when an account designation or property title differs from the owner's written instructions. Resolving the conflict requires identifying the document that legally controls the asset.
When a Will and Beneficiary Designation Differ
A will might divide an estate equally between two children, while a life insurance policy names only one beneficiary.
The policy's valid designation generally controls the proceeds. A general provision in the will ordinarily does not replace it.
Employer retirement plans governed by the federal Employee Retirement Income Security Act (ERISA) involve separate requirements, including certain spousal protections. Those federal rules do not automatically govern personal bank accounts or unrelated insurance policies.
Check the beneficiary designation maintained by the institution. An intended change might have no effect if the applicable requirements were not satisfied.
Property Left Outside a Living Trust
Signing a trust does not automatically transfer a house or financial account into it.
A deed might still name the individual owner, while an investment account remains registered outside the trust. The trust schedule alone does not necessarily establish an effective transfer.
California Probate Code § 850 provides a petition procedure for certain disputes involving property claimed by a trust. Whether the asset belongs to the trust depends on the evidence and applicable law.
Property outside the trust might require probate or another statutory transfer procedure.
3. Family Changes and Business Ownership
Marriage, divorce, children, and business transactions can change how an estate plan operates. California law provides certain inheritance rights, but the rules depend on the relationship and circumstances. Existing documents should be compared with the owner's current family and financial situation.
Marriage, Divorce, and Minor Children
California Probate Code §§ 21610–21612 address certain omitted surviving spouses, subject to statutory exceptions.
Sections 21620–21623 address certain children born or adopted after the execution of the decedent's testamentary instruments, subject to statutory requirements and exceptions.
Exclusion from an estate plan does not automatically establish an inheritance right.
Divorce can revoke certain testamentary provisions under Probate Code § 6122. Other instruments, including beneficiary designations, require separate examination.
Blended families should also consider community property interests and existing blended family estate planning provisions.
A guardian nomination does not automatically authorize control over inherited trust assets. The trust instrument identifies the trustee responsible for administering those assets.
Business Interests and Jointly Owned Property
An LLC operating agreement can restrict ownership transfers or distinguish economic rights from management rights. Shareholder agreements might establish purchase options or approval requirements.
A trust provision does not necessarily override those restrictions.
Compare ownership records with any buy-sell agreement before determining how the interest transfers. For jointly owned real estate, the deed and applicable survivorship rules establish the starting point.
4. Updating and Storing Estate Planning Documents
An outdated document can remain legally effective despite changes in the owner's intentions. Updating an estate plan therefore involves both valid amendments and changes to affected asset records. The required steps depend on the instrument and applicable law.
Valid Amendments and Revocations
California Probate Code § 6110 generally requires a written will with the prescribed signature and witnessing formalities. Section 6111 separately recognizes qualifying holographic wills.
A handwritten change is not necessarily invalid merely because witnesses did not sign it. Its validity depends on the statutory requirements and surrounding circumstances.
Under Probate Code §§ 15401 and 15402, a settlor may use a statutory revocation method to modify a revocable trust unless the trust instrument expressly provides an exclusive method of modification.
The California Supreme Court addressed this distinction in Haggerty v. Thornton (2024).
Financial authority should also be checked against existing durable power of attorney provisions. An agent's authority generally ends when the principal dies.
Original Documents and Asset Records
Missing originals can complicate probate or create disputes about a document's validity.
Keep executed wills, trust amendments, deeds, and beneficiary confirmations in an identifiable location. Authorized individuals should know where the records are stored.
An asset inventory can identify financial institutions, ownership details, and document locations without disclosing passwords. For trust property, retain supporting title records rather than relying solely on an asset list.
5. Estate Documents after Death
The decedent's ownership records determine which assets require court administration. A successor trustee generally administers trust property under the trust instrument, while assets outside the trust follow their applicable transfer procedures. Court filing obligations and private trust administration are separate matters.
Original Will Delivery and Probate Court
Under California Probate Code § 8200, a will custodian generally must deliver the original will to the appropriate Superior Court clerk within 30 days after learning of the testator's death, subject to the statute's provisions concerning an earlier probate petition.
The original must be delivered personally or by registered or certified mail. The custodian must separately deliver a copy to the named executor whose whereabouts are known or, otherwise, to a named beneficiary whose whereabouts are known, in accordance with Probate Code § 1215.
Delivering a will does not itself appoint an executor or open probate.
The appropriate Superior Court handles probate proceedings under applicable venue rules. Local filing methods and hearing requirements should be checked with that court.
Trust Administration and Beneficiary Notices
A successor trustee obtains authority from the trust instrument and applicable law. The trustee identifies trust property, addresses liabilities, and performs fiduciary duties.
Probate Code § 16061.7 requires notice to specified persons following certain events, including when a revocable trust becomes irrevocable because of a settlor's death.
The notice generally must be served within 60 days after the event requiring notification. If the trustee's office is vacant when that event occurs, the period begins when the new trustee starts serving.
If a person entitled to notice was not known to the trustee when the triggering event occurred, a separate 60-day period generally runs from when the trustee becomes aware of that person.
The notice also describes applicable trust-contest deadlines. Separate trust administration procedures govern matters such as accounting and disputes over trustee conduct.
6. Frequently Asked Questions
Does Moving to California Invalidate a Will Signed Elsewhere?
Moving does not automatically invalidate a previously executed will.
California Probate Code § 6113 recognizes wills executed under certain laws of other jurisdictions. The applicable rule depends on where the will was executed and the testator's relevant connections to that jurisdiction.
Community property rights and newly acquired assets can still affect the plan's practical operation.
Can Beneficiaries Request a Copy of a Trust After Death?
California Probate Code § 16061.5 generally requires a trustee to provide a true and complete copy of the trust terms to a beneficiary who requests it, when the statutory requirements apply.
The right depends on the requester's status and the applicable legal provisions. It does not provide unrestricted access to the deceased person's private financial records.
27 Oct, 2026
