Probate can be a time-consuming process, especially in California, often taking months or even years to fully settle an estate. The larger and more complex the estate, the longer it typically takes to get through court proceedings. This means delaying the inheritance you set aside for your chosen heirs and beneficiaries—meaning they may not have the assets and tools they need to succeed.

While probate isn’t inherently bad, it often holds up important transitions that could help your loved ones move forward after your passing and ultimately impact your legacy. Fortunately, with proactive estate planning, you can keep certain assets out of probate altogether by utilizing trusts.

Assets Held in a Trust are Separate From Your Estate

One of the main reasons trusts are so effective at avoiding probate is that the assets placed in a trust are legally separated from your estate. When you create a trust, you transfer ownership of certain assets—such as real estate, investment accounts, and even personal property—into the trust itself. While you remain in control of these assets during your lifetime as the trust’s grantor, you no longer personally own them. Instead, the trust becomes the legal owner.

This separation is key to avoiding probate. Because the assets within the trust are no longer part of your estate, they aren’t subject to probate court when you pass away. The trust document outlines exactly who should receive the assets after your death, allowing them to transfer directly to the designated beneficiaries without needing court approval.

Trusts Allow for Specific and Scheduled Transfers

Probate can be a long, complicated process largely because the court must identify and verify every asset you own, as well as your outstanding debts. With a trust, all of this work is done ahead of time. When you create a trust, you decide which assets to include and how they will be distributed after your death (or at another chosen trigger date). These instructions are formalized in the trust document, meaning that the court doesn’t need to get involved to ensure your wishes are followed.

This allows your heirs to receive their inheritance quickly and without the potential legal battles or delays that often accompany probate. A trust offers you the flexibility to make specific decisions about how and when assets should be transferred. For example, you can choose to delay a transfer until a child reaches a certain age or milestone, ensuring your assets are managed according to your exact wishes.

Protect Your Legacy from California Probate

At Hedtke Law Group, we help individuals and families in Moreno Valley keep their estates out of probate with personalized estate planning strategies, including trusts. If you want to ensure your assets pass directly to your loved ones without unnecessary delays, our team is here to help you through the process. We can help you structure a trust tailored to your needs, offering peace of mind that your legacy will be protected. Contact Hedtke Law Group today to learn more about how we can help protect your estate and your legacy from California’s probate system.