11/04/2025
Will vs Trust in California and Arizona: Generally, a Will in either state has to go through the probate process if someone owns property over $185,000 (CA) or $75,000 (AZ) and probate is not a quick process - it can take 1-2+ years from beginning to end. In California, the attorney who handles the probate gets a statutory fee for his/her work, and the personal representative is entitled to the same amount. An example of this fee: someone passed away with a home worth $800,000. The statutory fee would be $19,000 each to the attorney and personal representative. It doesn't matter if there is still a mortgage - it is the actual value of the home. In Arizona, attorneys are paid for the work they do at their hourly rate, so a probate could cost thousands of dollars depending on the size of the estate. How to avoid probate? A revocable living trust in either AZ or CA can be one of the best legal tools for someone to prevent their family from having to go through the hassle of a probate and the high fees, at a much smaller cost! It could be a great Christmas gift for your family members this year!!