Trust Administration vs. Probate in California: Key Differences 2025

When someone dies in California, their assets must be transferred to beneficiaries. How that happens depends on whether they had a living trust or just a will.

Understanding the differences between trust administration and probate helps families know what to expect—and shows why estate planning matters.

The Fundamental Difference

Probate: A court-supervised process to validate a will and distribute assets. Required when someone dies with assets in their name alone and no trust.

Trust Administration: A private process where a successor trustee distributes assets according to trust terms. No court involvement required.

Both accomplish the same goal—transferring assets to beneficiaries—but through very different paths.

Side-by-Side Comparison

Factor	Trust Administration	Probate
Court required	No	Yes
Timeline	3-12 months	12-18+ months
Cost	$3,000-$15,000 typical	$25,000-$100,000+ (statutory fees)
Privacy	Completely private	Public record
Oversight	Trustee self-directed	Court supervised
Flexibility	Based on trust terms	Strict legal procedures
Incapacity planning	Included	Separate conservatorship needed
Out-of-state property	One administration	Probate in each state

Cost Comparison: The Numbers

Probate Costs

California law sets statutory fees for attorneys and executors based on gross estate value:

Gross Estate	Attorney Fee	Executor Fee	Total Fees
$500,000	$13,000	$13,000	$26,000
$750,000	$18,000	$18,000	$36,000
$1,000,000	$23,000	$23,000	$46,000
$1,500,000	$33,000	$33,000	$66,000
$2,000,000	$43,000	$43,000	$86,000

Additional probate costs:

• Filing fees: $435-$550
• Probate referee: 0.1% of assets
• Publication: $200-$400
• Bond premiums: varies

Important: Fees are based on GROSS value—before mortgages. A $1 million home with a $600,000 mortgage still generates fees based on $1 million.

Trust Administration Costs

Trust administration has no statutory fees. Costs depend on complexity:

Typical costs:

• Attorney guidance: $3,000-$10,000
• CPA/tax preparation: $500-$3,000
• Deed recording: $50-$200
• Appraisals (if needed): $300-$500

Total typical range: $4,000-$15,000

The Savings Are Real

For a $1 million estate:

• Probate costs: $46,000+ in statutory fees alone
• Trust administration: ~$8,000 typical
• Savings: $38,000+

For a $1.5 million estate:

• Probate costs: $66,000+ in statutory fees
• Trust administration: ~$10,000 typical
• Savings: $56,000+

Timeline Comparison

Probate Timeline

Stage	Duration
File petition, schedule hearing	4-6 weeks
Court appoints executor	1 day (at hearing)
Creditor notification period	4 months
Inventory and appraisal	4 months
Estate administration	6-12 months
Final accounting and hearing	1-2 months
Total	12-18+ months

Trust Administration Timeline

Stage	Duration
Trustee takes control	Immediate
Notice to beneficiaries	Within 60 days
Contest period	120 days
Pay debts and taxes	2-4 months
Distribute assets	After contest period
Total	3-12 months

Trust administration is faster because there's no waiting for court dates, no required hearings, and no judicial oversight of routine decisions.

Privacy Comparison

Probate: Completely Public

Everything filed in probate becomes public record:

• The will
• List of all assets and values
• Names and addresses of beneficiaries
• Creditor claims
• Disputes and litigation
• Final distribution details

Anyone can go to the courthouse and see what you owned and who received it.

Real-world consequence: "Heir hunters," scammers, and salespeople regularly search probate records to target beneficiaries.

Trust Administration: Completely Private

Trust administration happens outside the court system:

• Trust document is not filed publicly
• Asset lists remain private
• Beneficiary information stays confidential
• Only involved parties know the details

The only people who see trust information are those entitled to it under California law (beneficiaries, heirs who receive the required notice).

Control and Flexibility

Probate: Court Controlled

The executor must:

• Follow statutory procedures exactly
• Get court approval for many actions
• File regular reports with the court
• Attend multiple hearings
• Wait for court schedules

Even with Independent Administration authority (IAEA), some actions require court involvement.

Trust Administration: Trustee Controlled

The trustee:

• Follows trust terms (not court procedures)
• Makes most decisions independently
• Doesn't need court approval for routine matters
• Works on their own timeline
• Has flexibility to respond to circumstances

The trust document—not a judge—controls the process.

Out-of-State Property

Probate: Multiple Proceedings

If someone dies owning real estate in multiple states, their family faces:

• Domiciliary probate: In the state where they lived
• Ancillary probate: In each additional state where they owned property

Each ancillary probate means:

• Hiring local attorneys
• Filing separate court cases
• Paying additional fees
• Extended timelines

Example: California resident owns a vacation home in Arizona. Family must complete full probate in California AND separate probate in Arizona.

Trust Administration: One Process

A properly funded living trust avoids this entirely:

• Trust covers property in all states
• One administration process
• One set of professionals
• No ancillary proceedings

The successor trustee simply transfers property in each state according to trust terms.

Incapacity Planning

Will Only: No Protection

A will only takes effect at death. It provides no help if you become incapacitated while alive.

Without a trust, if you become unable to manage your affairs:

• Family may need court conservatorship
• Conservatorship is expensive and intrusive
• Court supervises all financial decisions
• Annual accountings required

Living Trust: Built-In Protection

A living trust includes incapacity planning:

• If you become incapacitated, successor trustee takes over
• No court proceeding needed
• Seamless transition of management
• Privacy maintained

This is a significant benefit many people overlook when comparing trusts to wills.

When Probate Is Unavoidable

Even with a trust, you might face probate if:

Assets weren't transferred to the trust

A trust only controls assets actually transferred to it. Property left in your individual name goes through probate.

Small amounts left outside trust

If amounts are under $208,000, simplified procedures may apply—but it's still a form of probate.

Trust is invalid

If the trust wasn't properly executed, assets may go through probate.

When Trust Administration Has Court Involvement

While most trust administration is private, courts get involved for:

• Trust contests by beneficiaries or heirs
• Disputes between trustee and beneficiaries
• Requests for instructions on ambiguous terms
• Trustee removal petitions
• Trust modification requests

These situations are relatively rare for well-drafted trusts with clear terms.

Which Is Better?

For most California families—especially homeowners—trust administration is clearly better:

✓ Faster (months vs. years) ✓ Cheaper (saves $30,000-$80,000+ for typical estates) ✓ Private (no public record) ✓ Flexible (trustee-controlled) ✓ Includes incapacity planning ✓ Simpler for multi-state property

The catch: You must create the trust AND fund it properly during your lifetime. The upfront cost ($2,000-$5,000) pays for itself many times over.

Frequently Asked Questions

Can I avoid probate if I only have a will?

No. A will does not avoid probate—it actually ensures probate will occur. Wills only take effect after death through the probate process. To avoid probate, you need a properly funded living trust that holds your assets during your lifetime and transfers them to beneficiaries after death without court involvement.

How much does it cost to set up a trust to avoid probate?

Creating a living trust in California typically costs between $2,000 and $5,000 for professional preparation and funding. While this seems expensive, it pays for itself many times over by avoiding probate costs of $30,000 to $80,000 or more for typical estates. The upfront investment saves your family significant money and time later.

What happens if some assets were left out of my trust?

Assets not transferred to your trust go through probate unless they qualify for simplified procedures. California allows estates under $208,000 to use simplified transfer methods, but this is still a form of probate. This is why proper trust funding is critical—every asset should be titled in the trust's name or have beneficiary designations to avoid probate entirely.

Is trust administration completely private or can anyone access the trust?

Trust administration is private—the trust document is not filed with any court and does not become public record. Only entitled parties can access trust information: current beneficiaries, trustees, and heirs who receive the legally required 60-day notice. Unlike probate where anyone can go to the courthouse and see your will, assets, and beneficiaries, trust administration keeps your family's financial affairs confidential.

Do I need an attorney for trust administration or can the trustee do it alone?

While trustees can legally administer trusts without an attorney, most benefit from professional guidance. Trust administration involves tax filings, creditor notices, asset valuations, accounting requirements, and distribution timing—mistakes can lead to personal liability. Attorney fees for trust administration ($3,000-$10,000) are far less than probate costs and help ensure the trustee fulfills all legal duties properly.

Already Facing Probate or Trust Administration?

Whether you're a successor trustee needing guidance or an executor navigating probate court, the Law Offices of Rozsa Gyene can help.

We handle both trust administration and probate throughout Los Angeles County—and help families create trusts to avoid probate in the future.

Call (818) 291-6217 for a consultation, or visit our trust administration questionnaire or probate intake form.

Serving Glendale, Burbank, Pasadena, and all of Los Angeles County.

---

This article provides general information comparing trust administration and probate in California. Every situation is unique. Consult an attorney for advice specific to your circumstances.

---