Do I really need a trust, or is a will enough?

In California, if you own real estate or if your total assets exceed a certain threshold (currently $208,850), your estate will likely have to go through the probate process if you only have a will. Probate is a public, time-consuming, and expensive court process. Establishing a Revocable Living Trust allows your family to bypass probate entirely, keeping your affairs private and saving your loved ones significant time and money.

How much does an estate plan cost at your firm?

We believe in absolute transparency, which is why we offer flat-fee pricing for our estate planning packages. You will know exactly what your plan will cost before you sign an agreement or pay a retainer. The exact fee depends on the complexity of your needs (e.g., individual vs. married couple, blended families, specific asset structures), which we will discuss clearly during your initial consultation.

What if I already have an old estate plan? Does it need to be updated?

Estate plans are not "set it and forget it" documents. We recommend reviewing your plan every three to five years, or after any major life event such as marriage, divorce, the birth of a child, the death of a beneficiary or fiduciary, or a significant change in your financial situation. If your current documents were drafted in another state or decades ago, they should be reviewed by a California attorney to ensure they are valid under current California law.

How long does the estate planning process take?

Our process is thorough but efficient. Typically, it takes about four to six weeks from our initial consultation to the final document signing. However, we work at a pace that is comfortable for you. We take the time to answer all your questions so you never feel rushed into making these important decisions.

Do you only work with clients in San Jose?

While our office is located in the Willow Glen neighborhood of San Jose, we proudly serve clients throughout Santa Clara County and the South Bay. This includes Campbell, Los Gatos, Saratoga, Santa Clara, Sunnyvale, Cupertino, and surrounding communities.

Estate Planning

A piece of real estate at night with lit windows under a starry sky.

After the Estate Plan

Creating an estate plan is the first step. When a loved one passes, the work of administering the trust or navigating probate begins. We guide families through both:

Trustee Succession
Step-by-step support for successor trustees.
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Probate
Court filings, representation, and estate distribution when probate is required.
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Estate Planning Attorneys in San Jose and the South Bay

Many people delay estate planning — intimidated by complexity, uncertain about cost, or simply not sure where to start. But hesitation has real consequences. Without a thorough and up-to-date estate plan, your assets may be subject to probate, your wishes may go unheeded, and the people you love may be left navigating a court process at the worst possible time.

At Caplan Wilkinson, we make estate planning straightforward and accessible for individuals and families throughout Santa Clara County and surrounding South Bay communities.

What a Complete California Estate Plan Includes

A full estate plan from Caplan Wilkinson typically includes:

A revocable living trust — the cornerstone of probate avoidance in California, allowing your assets to transfer to your beneficiaries quickly and privately without court involvement
A will — to direct the distribution of any assets not held in trust, and to name a guardian for minor children
Durable power of attorney — naming a trusted person to manage your financial affairs if you become incapacitated
Advance healthcare directive — documenting your medical wishes and naming a healthcare agent to make decisions on your behalf
HIPAA authorization — allowing your healthcare agent and family to access your medical records
Final disposition instructions — guidance for your loved ones on your wishes for burial or cremation

Why a Trust Matters in the Bay Area

In California’s expensive housing market, most middle-class families’ primary asset is their home. Without a trust, a home — and any other assets above the statutory threshold — must pass through probate, a court-supervised process that can take a year or more and cost thousands in fees. A properly funded revocable living trust keeps your estate out of probate entirely, saving your heirs time, money, and stress.

A trust also plays a protective role during your lifetime. If you become incapacitated, your successor trustee can manage your assets seamlessly, minimizing family squabbles and avoiding a court-supervised conservatorship.

Planning with an Elder Law Perspective

We bring an elder law background to every estate plan we prepare. A well-drafted power of attorney, healthcare directive, and trust — with carefully chosen fiduciaries — significantly reduces the risk of financial exploitation as you age. We also consider Medi-Cal planning and long-term care implications where relevant, helping clients plan not just for death, but for incapacity.

Who We Serve

We work primarily with individuals and couples in San Jose, Willow Glen, Campbell, Los Gatos, Saratoga, Santa Clara, Sunnyvale, Cupertino, and other South Bay communities. We offer consultations by phone or video, and can accommodate in-person meetings by appointment at our Willow Glen office.

See our Pricing page for flat-fee rates, or contact us to schedule a free estate planning consultation.

FAQ

In California, if you own real estate or if your total assets exceed a certain threshold (currently $208,850), your estate will likely have to go through the probate process if you only have a will. Probate is a public, time-consuming, and expensive court process. Establishing a Revocable Living Trust allows your family to bypass probate entirely, keeping your affairs private and saving your loved ones significant time and money.
We believe in absolute transparency, which is why we offer flat-fee pricing for our estate planning packages. You will know exactly what your plan will cost before you sign an agreement or pay a retainer. The exact fee depends on the complexity of your needs (e.g., individual vs. married couple, blended families, specific asset structures), which we will discuss clearly during your initial consultation.
Estate plans are not "set it and forget it" documents. We recommend reviewing your plan every three to five years, or after any major life event such as marriage, divorce, the birth of a child, the death of a beneficiary or fiduciary, or a significant change in your financial situation. If your current documents were drafted in another state or decades ago, they should be reviewed by a California attorney to ensure they are valid under current California law.
Our process is thorough but efficient. Typically, it takes about four to six weeks from our initial consultation to the final document signing. However, we work at a pace that is comfortable for you. We take the time to answer all your questions so you never feel rushed into making these important decisions.
While our office is located in the Willow Glen neighborhood of San Jose, we proudly serve clients throughout Santa Clara County and the South Bay. This includes Campbell, Los Gatos, Saratoga, Santa Clara, Sunnyvale, Cupertino, and surrounding communities.