Estate Planning Checklist for San Diego Families

Why Estate Planning Matters More in California

California has one of the most expensive probate processes in the country. If your estate passes through probate — the court-supervised process for distributing assets after death — attorney and executor fees are set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on. On a $600,000 San Diego home alone, that’s roughly $14,000 in mandatory fees.

The good news: with the right documents in place, most California families can avoid probate entirely. Here’s what the complete estate plan looks like.

The Complete Estate Planning Checklist

1. Will

A will directs who receives your assets, names a guardian for minor children, and designates an executor to manage the process. In California, a valid will requires:

• You must be 18 or older and of sound mind when signing
• Two adult witnesses who sign the will in your presence — neither can be a beneficiary under the will
• A notary is not required (but can be helpful for a self-proving affidavit)
• Holographic wills are valid in California — entirely handwritten and signed by you, no witnesses needed. However, they are more easily challenged and miss formalities that protect your wishes.
• Name a guardian for any minor children explicitly — courts can override, but your stated preference carries significant weight

2. Revocable Living Trust

A revocable living trust is the primary probate-avoidance tool in California. Assets held in the trust pass directly to beneficiaries at death — no court, no waiting, no mandatory attorney fees. You remain in complete control as trustee during your lifetime and can change the trust at any time.

	Revocable Living Trust	Testamentary Trust
When created	During your lifetime	Created by your will — takes effect at death
Probate	Avoids probate entirely for trust assets	Must go through probate before the trust activates
Privacy	Private — trust terms not public record	Will becomes public record through probate
Funding required	Yes — assets must be re-titled into the trust	No separate funding step needed
Best for	Most San Diego families with real estate or assets above $184,500	Families with modest estates or specific child-protection needs

California’s probate threshold is currently $184,500 (adjusted periodically for inflation). If your total gross estate exceeds this — and in San Diego, most homeowners do — a revocable living trust is worth serious consideration. After creating the trust, you must fund it: re-title your home, bank accounts, investment accounts, and other assets into the trust’s name.

3. Power of Attorney

Two separate documents cover decision-making if you become incapacitated while alive:

Financial Durable Power of Attorney — authorizes your named agent to manage your finances: bank accounts, real estate transactions, tax filings, business decisions, and bill payment. “Durable” means it remains valid if you become incapacitated. Without one, your family may need a costly court-supervised conservatorship to manage your affairs.

Advance Healthcare Directive (AHCD) — California’s combined healthcare proxy and living will. Names your healthcare agent and documents your wishes for medical treatment if you can’t communicate. See our full guide: California Advance Healthcare Directive: What San Diego Families Need to Know.

4. Beneficiary Designations

These designations pass assets outside of your will and trust — directly to named recipients at death, with no probate. They override whatever your will says. Review and update them after any major life event: marriage, divorce, death of a beneficiary, birth of a child.

• Life insurance policies — primary and contingent beneficiaries. A lapsed designation or a deceased beneficiary routes proceeds to your estate and into probate.
• Retirement accounts (401k, IRA, 403b) — beneficiary designations control these assets entirely. Naming your estate as beneficiary is almost always a mistake; name individuals directly.
• Transfer-on-Death (TOD) deeds for real estate — California allows TOD deeds that pass real property directly to a named beneficiary at death, outside probate. A cost-effective alternative to a trust for families with a single property and straightforward wishes.
• Payable-on-Death (POD) bank accounts — a simple designation added at your bank that passes account funds directly to named recipients without probate.
• Brokerage accounts — most allow TOD registration, directing account assets to beneficiaries at death without going through the estate.

5. Digital Estate Planning

The average person has 100+ online accounts. Without explicit instructions and access credentials, families face locked accounts, lost cryptocurrency, suspended subscriptions, and digital assets permanently inaccessible. California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) gives your executor legal authority to access digital assets — but only if they know where to look.

• Password manager inventory — document the master password and access method for your password manager. An encrypted document stored securely is far better than nothing.
• Cryptocurrency and digital wallets — seed phrases and wallet addresses must be documented and stored securely. Crypto held on an exchange requires account access; self-custody requires seed phrases. Neither is retrievable without your instructions.
• Social media accounts — Facebook, Instagram, and Google allow legacy contact or inactive account manager settings. LinkedIn and Twitter/X have memorial or deletion request processes. Decide what you want and document it.
• Email and cloud storage — Gmail, iCloud, Dropbox may hold irreplaceable photos and important documents. Include access method or legacy contact setup.
• Subscription services — streaming, software, and other recurring charges continue until cancelled. A list of active subscriptions allows your family to stop charges promptly.

For a detailed framework, see our guide: Organizing Your Digital Estate: Documents You Need.

6. Document Storage and Accessibility

A complete estate plan is worthless if your family can’t find the documents in a crisis. Where you store these documents matters as much as having them.

• Original will — keep with your attorney, in a home safe, or in a bank safe deposit box. Ensure your executor knows the location and has access.
• Trust document — your trustee (likely you, then your successor) needs the original. Your financial institutions will require a copy when re-titling assets.
• Powers of attorney — your named agents need to know these documents exist and where they are. A document your agent can’t locate is useless in an emergency.
• Beneficiary designation confirmations — keep copies of completed beneficiary designation forms from each financial institution. Verbal confirmations aren’t enough — get written confirmation.
• Digital vault — a secure digital location where your family can access copies of all documents, organized by category, with 24/7 availability. SettledWell’s vault is purpose-built for this.

San Diego Estate Planning Resources

Where to get help with your estate plan in San Diego — from DIY assistance to full attorney representation:

When to Update Your Estate Plan

Estate planning is not a one-time task. Review and update your documents when:

• You marry, divorce, or enter a domestic partnership
• You have or adopt a child or grandchild
• A beneficiary or named executor dies
• You buy, sell, or inherit significant property
• You start or sell a business
• Your financial situation changes materially
• You move to or from California — state laws vary significantly
• California probate thresholds or tax laws change

A good rule: review your estate plan every 3–5 years even if nothing major has changed. Beneficiary designations especially have a way of becoming outdated — ex-spouses and deceased relatives remain named on accounts for decades without active maintenance.