A Guide to Protecting Your Legacy
Understanding Trusts, Wills, Probate, Powers of Attorney, and Estate Taxes — so your family keeps more of what you've built.
Law Offices of Maria N. Jonsson, PC · Certified Specialist in Estate Planning, Trust & Probate Law
Documents that protect you while you're alive
Appoints another person to sign legal documents and make decisions on your behalf.
Designates someone to make medical decisions for you if you cannot.
Can take effect immediately OR only upon your incapacity — your choice.
Both documents expire upon death. After that, your Trust and Will take over.
🔑 Key point: These documents protect you during life. For after death, you need a Living Trust and Will.
Works both during your lifetime and after your death
⚠️ Property not titled in your Trust may go through Probate — which is why a pour-over Will is essential as a safety net.
Your estate passes one of two ways — the difference is significant
Based on gross estate value — split equally between attorney and executor
| Gross Estate Value | Total Probate Fees | Attorney Gets |
|---|---|---|
| $208,850 (4/1/25–3/31/28) | $14,354 | $7,177 |
| $300,000 | $18,000 | $9,000 |
| $500,000 | $26,000 | $13,000 |
| $750,000 | $36,000 | $18,000 |
| $1,000,000 | $46,000 | $23,000 |
| $2,000,000 | $66,000 | $33,000 |
| $5,000,000 | $126,000 | $63,000 |
| $10,000,000 | $226,000 | $113,000 |
Per California Probate Code §§ 10810–10814 · Minimum fees — extraordinary services may be billed additionally
How much you can pass tax-free has changed dramatically
$19,000 per person · $194,000 for non-US citizen spouse
Estate tax exclusion: only $60,000
For primary residences under $750,000 — skip full probate
Under Probate Code §13151, heirs may petition the court directly to transfer a primary residence without full probate, if the gross value does not exceed $750,000.
Wait 40 days after date of death — passes creditor claims to heirs
Obtain a Date of Death Inventory & Appraisal (DE 160/161) from a CA Probate Referee
File petition — describe each petitioner's claim and property character (separate vs. community)
All heirs/petitioners must sign; lodge the Will; notice to all interested parties
Court issues Order → Record the order to transfer title
Four documents. Complete protection.
Avoid probate, control distributions, protect heirs.
Catches any assets not yet titled in your Trust.
Someone you trust handles your affairs if you can't.
Your medical wishes respected, even if incapacitated.
A Trust costs a fraction of what Probate takes — in time, money, and family stress. The best time to plan is before it's needed.
Law Offices of Maria N. Jonsson, PC · Certified Specialist · State Bar of California