One of the most common questions I get as a Burbank estate attorney is surprisingly simple:
“What happens to my house if I die without a trust?”
And honestly, it’s a great question, because most California homeowners have no idea what the answer is.
Many people assume their spouse automatically gets everything. Other people assume their children simply inherit the property. Some believe having a mortgage somehow changes things. But almost everyone is surprised when I explain what actually happens under California law.
If you own a home and die without a trust, your family may find themselves dealing with a lengthy, expensive probate process that could have been avoided with proper planning.
As an estate planning attorney in Burbank, I see this situation all the time. Someone passes away unexpectedly and their loved ones come into my office overwhelmed, confused, and frustrated because they thought everything would be straightforward.
Unfortunately, California law doesn’t always make death easy.
What Happens If You Die Without a Trust?
When someone dies without a trust, the first question we answer at Best Coast Estate Law is finding out if their estate has to go through probate. Probate is the court-supervised process of transferring assets after death. In California, probate can take anywhere from nine months to well over a year depending on the complexity of the estate and the court’s schedule. For many homeowners in Burbank and Los Angeles, probate becomes necessary simply because of the value of their home.
California real estate values have increased dramatically over the last decade. A house that was purchased years ago for a modest amount may now be worth well over a million dollars. That means even families who don’t consider themselves wealthy often have estates large enough to trigger probate.
As a Los Angeles estate lawyer, I regularly meet clients who assume probate is only something wealthy families had to worry about. In reality, California homeowners are often the people most affected.
Doesn’t My Spouse Automatically Get the House?
They might. And that’s where things get complicated.
California has laws that determine who inherits property when someone dies without an estate plan. Those laws are called intestate succession laws. Depending on your circumstances, your spouse may inherit everything. Or they may not.
If you have children, blended family situations, separate property, or children from previous relationships, the outcome can become much more complicated. This is one reason why working with an experienced California estate lawyer is so important. The law may not distribute your assets the way you would have chosen.
A trust ensures your wishes control what happens to your property, and not the state.
Hidden Costs Most Homeowners Never See Coming
One of the biggest surprises for families is probate fees. California probate fees are based on the gross value of an estate. Notice I didn’t say equity. I said value. That means if your home is worth $1.2 million, but you still owe $900,000 on the mortgage, probate fees are generally calculated using the $1.2 million value.
As a Burbank estate lawyer, I often explain that many families spend more money cleaning up an estate after death than they would have spent creating a comprehensive estate plan while alive. It’s one of the reasons I am such a strong advocate for proactive planning, and why I offer free consultations for new clients.
What About Children?
This is where things become even more emotional. Most parents assume their children will be protected if something happens, but without proper estate planning, your home may need to be sold, probate may delay access to assets, and inheritance distributions may not occur the way you intended.
I’ve seen situations where families spent months trying to resolve issues that could have been prevented by a properly funded trust. Remember, estate planning is not just about transferring wealth; it’s about creating stability during an already difficult time.
Does a Trust Really Protect You?
A properly drafted and funded trust allows your home to pass outside of probate. Instead of court supervision, your chosen trustee follows the instructions you’ve already established. So, the process is faster, private, and often less expensive. But most importantly, it gives your family clarity.
As an experienced estate attorney serving Burbank, Los Angeles, and Palm Springs families, I can tell you that clarity is one of the greatest gifts you can leave behind.
The Biggest Mistake Homeowners Make
The biggest mistake homeowners make is waiting to set up a trust.
People often say:
“I know I need to do it,” or “I’ve been meaning to update my trust,” or even “I just haven’t gotten around to it.”
But estate planning only works if it’s done before it’s needed. No one plans on becoming ill, or getting into an accident. That’s why planning ahead matters.
A Burbank Estate Law Firm That Can Help
If you own property and you’ve been wondering whether you need a trust, this is your sign to take the question seriously.
A trust isn’t just for wealthy people. It’s for homeowners, parents, and anyone who wants to make life easier for the people they love.
As a Burbank estate attorney and founder of Best Coast Estate Law, my goal is simple: help California families protect what they’ve built and avoid unnecessary problems down the road.
When it comes to your home, your family, and your future, hoping everything works out is not a strategy. Having a plan is.
Call me for a free consultation.
