Trust & Probate
Estate planning is more than just paperwork—it’s a way to protect your loved ones, honor your wishes, and create peace of mind for the future. For modern families, where blended households, second marriages, and evolving definitions of partnership are common, clear estate planning is essential. At Enright Family Law, we help families navigate the complex topics of trusts and probate with practical, compassionate legal support.
Whether you’re planning your estate or dealing with a loved one’s passing, understanding the roles of trusts and probate is key to managing assets, avoiding unnecessary delays, and ensuring that your intentions—or your loved one’s—are carried out properly.
What Is a Trust?
A trust is a legal arrangement in which a person (the “grantor”) transfers ownership of their assets to a “trustee,” who manages them on behalf of designated beneficiaries. Trusts can be used to avoid probate, minimize taxes, and ensure that assets are distributed according to your wishes.
Key Features of a Trust:
- Avoids probate when properly funded
- Becomes effective immediately (in the case of a living trust)
- Offers privacy—trusts are not part of the public court record
- Can be used for special needs planning, blended families, or minor children
- Allows you to manage how and when assets are distributed
There are many types of trusts, but the most common for estate planning purposes is a revocable living trust. This trust allows the grantor to maintain control over the assets during their lifetime and update or revoke the trust as needed.
What Is Probate?
Probate is the legal process of administering a deceased person’s estate, paying off debts, and distributing remaining assets to heirs. If a person dies without a trust—or without a valid will—their estate usually goes through probate in California.
Key Features of Probate:
- Supervised by the court
- Public record
- Often takes 9 to 18 months, depending on the complexity of the estate
- Can be costly due to attorney fees, executor fees, and court costs
- Can be avoided or minimized with proper planning
Probate can be especially challenging for modern families, where multiple marriages, estranged relatives, or non-traditional heirs may complicate the process.
Trust vs. Probate: What’s the Difference?
| Factor | Trust | Probate |
| Court Involvement | None (if properly funded) | Required |
| Privacy | Private | Public record |
| Speed | Immediate access to assets | Can take a year or more |
| Cost | Upfront legal costs | Statutory and court fees |
| Control | Detailed control over timing and conditions | Distribution follows a will or state law |
The main takeaway is that a trust allows you to avoid probate, streamline distribution, and maintain privacy and control. Probate is necessary only when there is no trust or when certain assets were not transferred into the trust during life.
Why Modern Families Need Trusts
Modern family structures often involve:
- Blended families and stepchildren
- Unmarried partners
- LGBTQ+ couples
- Co-parenting households
- Multigenerational living
- Family-owned businesses or real estate
These complexities make trusts even more important. Without clear legal documentation, state law may distribute your estate in ways that do not reflect your wishes—or create conflict between heirs.
A trust allows you to:
- Name guardians for minor children
- Specify inheritances for stepchildren or non-biological children
- Provide for a partner you may not be legally married to
- Protect beneficiaries with special needs
- Set rules for future use of family property or business assets
Trusts are also useful for controlling distribution. You may not want a child to receive a large sum at age 18. With a trust, you can structure distributions at specific ages or for specific purposes like education or housing.
What Happens If There Is No Trust?
When someone dies without a trust or will, they are said to die “intestate.” In this case, California’s intestate succession laws determine how the estate is distributed.
This typically favors biological relatives and may not include stepchildren, close friends, or unmarried partners, even if they were an integral part of the person’s life.
Additionally, all assets must pass through probate. This can cause:
- Delays in access to funds
- Family disputes
- Loss of privacy
- Increased financial burden on loved ones
If there is a will but no trust, the estate still goes through probate—though the will determines how assets are distributed. A will alone does not avoid probate.
How Enright Family Law Helps with Trusts
At Enright Family Law, we create estate plans that reflect your family’s values, protect your loved ones, and prepare for life’s transitions. We offer:
- Creation of revocable living trusts
- Trust funding (ensuring assets are properly transferred into the trust)
- Special needs trusts, pet trusts, and multi-generational planning
- Trust administration support for trustees
- Updating existing trusts to reflect life changes (remarriage, divorce, new children)
We work with clients of all backgrounds and relationship structures to ensure your plan works for your real life—not just a legal ideal.
How We Support Families Through Probate
If a loved one has passed away and left an estate that must go through probate, our team can assist you through every step of the process, including:
- Filing petitions and court paperwork
- Notifying creditors and heirs
- Gathering and valuing estate assets
- Distributing property according to the will or intestate laws
- Resolving disputes among heirs or beneficiaries
We understand that probate often occurs during an emotionally difficult time. We offer calm, clear guidance to help your family honor the deceased’s legacy and avoid unnecessary conflict.
How We Can Help
At Enright Family Law, we help modern families take control of their future through customized estate planning and probate guidance. Whether you’re creating a trust to protect your children, administering a loved one’s estate, or trying to avoid probate court, we offer compassionate, strategic legal support tailored to today’s evolving family dynamics.
Our firm is here to help you:
- Create a legally sound trust that avoids probate
- Plan for blended or non-traditional family structures
- Guide your loved ones through the probate process
- Protect your assets and your wishes with clarity and confidence
Contact Enright Family Law today to schedule a consultation and start building the foundation for your family’s future—with peace of mind and legal precision.