Do I Need a Will and a Trust? A San Diego Breakdown

A will is a legal document that lays out your wishes for what happens after you die. Who gets what. Who takes care of your kids. Who’s in charge of managing your estate. In California, if you die with only a will (and no trust), your estate will almost always go through probate, a court process that’s public, time-consuming, and expensive.

Probate in California is no joke. It can take 12–18 months (or sometimes even longer!) and cost thousands of dollars in court and attorney fees. If you own a home in San Diego, even a modest one, you’re almost guaranteed to hit the probate threshold.

So yes, a will is better than nothing. But it’s usually not enough on its own, especially if your goal is to avoid probate or protect your heirs from unnecessary hassle.

A revocable living trust is a legal structure that holds title to your assets while you’re alive and names a successor trustee to manage them when you die or if you become incapacitated. The biggest benefit of a trust? It skips probate entirely.

When set up properly, a trust allows your home, bank accounts, business interests, and other major assets to pass directly to your heirs. No court involvement. No frozen accounts. No judge overseeing the process.

Trusts also offer more control than a will. Want to stagger distributions to your kids over time? You can do that. Want to protect your child’s inheritance from creditors or a future ex-spouse? A trust can help with that too.

If you own real estate in San Diego, especially in areas like Del Mar, La Jolla, or Point Loma, a trust isn’t just a nice-to-have. It’s the smart move.

In most cases, yes, you need both a will and a trust.

Here’s why:

Your trust will handle the big stuff,  your house, bank accounts, investments, and any high-value assets you retitle into it.

Your will handles everything else. It acts as a backup (“pour-over” will) and covers anything you didn’t get around to putting into your trust.

Your will is also where you name guardians for minor children. But if we are going to need to call on guardians for your family, you will also want to have stand-alone guardianship nominations in place since the will doesn’t get administered right away.

If you die with only a will, your San Diego estate goes through probate.
If you die with only a trust but forget to fund it (i.e., move assets into it), those unfunded assets still go through probate.

If you have both, and they’re done right? You get efficiency, protection, privacy, and control.

Some people try to DIY their way around probate by naming beneficiaries on everything, like bank accounts, retirement funds, and even homes (via transfer-on-death deeds). That works sometimes. But it’s not only risky, it can be complicated – especially if there’s still a mortgage on your home or if your beneficiaries are minors.

Beneficiary designations can cause unintended consequences, like disinheriting someone, or leaving assets to a minor without proper oversight. And they offer no backup plan if your named beneficiary dies before you do.

Using a trust gives you flexibility and safeguards that simple designations don’t.

Common misunderstandings:

“I’m young, I don’t need this yet.” If you own a home or have kids, you absolutely do. A Pacific Beach estate planning attorney can set up a plan that grows with you.

“Trusts are just for rich people.” Wrong. They’re for anyone who wants to avoid probate, keep things private, and streamline asset transfers. A Del Mar wills attorney can walk you through it in plain English.

“I already have a will, so I’m covered.” Maybe. But if your estate is worth more than $184,500 (which it probably is if you live anywhere in San Diego County), your family could still face probate.

“It’s too complicated to deal with right now.” It’s more complicated not to. Probate court isn’t known for being fast, cheap, or easy. One conversation with a San Diego trust attorney can save your family months, or years of stress later.

Estate planning isn’t about guessing or gambling. It’s about knowing exactly how your assets will pass, who will take care of your family, and how to keep everything out of court.

In almost every situation, a trust and a will work together to create a complete plan. And if you don’t know where to start, that’s what we’re here for.

At Peaceful Warrior Law, we’ve helped everyone from young couples in La Mesa to retirees in Ocean Beach design plans that make sense for them. No one-size-fits-all templates. Just smart, clear solutions that actually work when it matters most.