Will vs. Living Trust: What East Bay Homeowners Should Know About Probate and Real Estate
1
8
0
If you own a home in places like Benicia, Vallejo, Martinez, or Concord, and you're thinking about how to pass that property on someday, you're not alone. Many East Bay homeowners wonder what the best option is when it comes to planning for the future—a will or a living trust?
Both tools are used in estate planning, but they work in very different ways—especially when real estate is involved. And the path you choose can make a big difference for your family down the line.
One of the biggest surprises for families in Solano County is just how long and costly the probate process can be. It often takes 9 to 18 months (sometimes more) and can cost tens of thousands of dollars in court and legal fees—money that could’ve stayed with your loved ones. The good news is: with the right planning, much of this can be avoided.
At SF East Bay Homes, we’re here to help homeowners and families across the East Bay make smart, informed decisions about their future. We’ll walk you through what a will is, what a living trust is, how they affect probate, and how to protect your real estate and your family from unnecessary delays and costs. Let’s dive in and make it simple. Contact us today if you need help with your real estate and are in need of a probate real estate probate expert!
What Is a Will?
A will is a written document that explains what a person wants to happen to their assets—like money, belongings, and property—after they die. The will can name an executor (the person in charge of handling the estate), guardians for children, and who should receive specific items or property.
Many people in cities like Fairfield, Suisun City, or Concord create a will to express their final wishes.
But here’s the important part: a will does not avoid probate.
Even with a valid will, the estate must still go through probate court to become official. This includes real estate, like a family home in Martinez or a rental property in Vallejo.
Probate court can be a long and expensive process. In California, it usually takes between 9 months to 18 months, depending on how complex the estate is. Sometimes, it takes even longer if there are disputes or delays. The cost of probate can also be high. Court and attorney fees are often based on a percentage of the estate’s total value. For example, if someone owns a home in Benicia worth $600,000, the probate fees could cost between $15,000 and $30,000 or more, even if there’s little debt. These fees are paid before the family receives anything.
Key Points About Wills:
A will only becomes effective after death.
It must go through probate court to be carried out.
The process is public and can take months or longer.
Probate costs are paid from the estate before anything is given to heirs.
What Is a Living Trust?
A living trust, also called a revocable trust, is a legal tool that lets someone (called the grantor) place their assets into a trust while they’re still alive. They can still use and manage their property just like before. But when they pass away, the trust allows those assets to be passed on to loved ones without going through probate.
For example, a homeowner in Benicia can place their house into a trust. When they pass, the trustee (a person they chose to manage the trust) can transfer or sell the home directly, without needing court approval.
A living trust is especially helpful for families with real estate in Martinez, Concord, or Fairfield, where property values are high. Because the home is already in the trust, it doesn’t need to be approved by a judge. This means the family can act faster—often settling affairs in just a few weeks to two months—and avoid costly probate fees. While setting up a living trust does have an upfront cost (typically between $1,500–$3,500 in California), it’s often far less than the cost of going through probate, and it saves time, privacy, and emotional stress.
Key Points About Living Trusts:
Assets in the trust avoid probate.
It’s private, unlike a will that goes through public court.
It can save time and money for loved ones.
The trust can manage your affairs if you become incapacitated.
How Probate Works in the East Bay
Probate is the court process of settling a person’s estate after they pass away. If there’s a will, the court ensures it’s valid and follows the instructions. If there’s no will or trust, the state decides who receives what under California’s intestate succession laws.
For real estate in the East Bay—like homes in Concord, Fairfield, or Martinez—probate often includes:
Filing court forms and notifying heirs
Appraising the home
Paying debts or taxes from the estate
Selling the property (with court approval in many cases)
Distributing what’s left to heirs
This process can take 6 to 18 months or longer, depending on how complex the estate is.
Below is an example of how long the timeline can be for a Probate case in California:
Probate in Martinez and Contra Costa County
If your loved one lived in Martinez or elsewhere in Contra Costa County, their probate case will likely go through the Martinez Superior Court. The court handles many probate cases each year, especially those involving property transfers.
Even if the home is located in Solano County—such as Vallejo or Dixon—but the deceased lived in Martinez, the probate court process would still be handled there.
Will vs. Living Trust: Real Estate Example
Let’s look at two families, both living in Concord, to show the difference:
Family A: Only Has a Will
When the parent passes, their home in Concord must go through probate. The court must review the will, appoint an executor, and approve the sale of the home. The process takes nearly a year. During that time, the family pays for upkeep and legal fees, and the house can’t be sold right away.
Family B: Has a Living Trust
This family placed their home in a revocable living trust. When the parent passes, the trustee follows the trust instructions and either sells the home or transfers ownership to the children. No court involvement is needed, and the process moves quickly—often within weeks.
Why This Matters for East Bay Real Estate
The East Bay real estate market—especially in Solano County, Martinez, Benicia, and Concord—moves fast. Properties can rise in value quickly, and families who are caught in long probate delays may miss out on strong market opportunities.
Plus, managing a home during probate can be stressful: there are bills to pay, repairs to make, and buyers who may walk away due to legal delays.
Having a living trust in place removes many of these barriers. It gives your family flexibility, protection, and peace of mind—especially during an emotional time.
How SF East Bay Homes Can Help
At SF East Bay Homes, we understand that losing a loved one is never easy. Dealing with their real estate shouldn’t add to your stress. Whether you're handling a home in Vallejo, a condo in Fairfield, or a property in Martinez that’s going through probate, we’re here to walk you through it.
Here’s how we support you:
Real Estate Guidance: We’ve handled probate and trust real estate sales in the East Bay. We know how to navigate timelines, court requirements, and disclosures.
Trusted Legal Advisors: We work with top trust and probate attorneys in Solano County and Contra Costa County who can help with estate planning, setting up a living trust, or managing probate court filings.
Local Expertise: We understand the real estate market in Concord, Benicia, Dixon, and beyond. We’ll help you position the property correctly and get the most value.
Compassionate Support: Our team treats every family with care and respect. We’re not just selling homes—we’re supporting people through some of life’s most personal moments.
What Should Homeowners Do Now?
If you own a home in the East Bay and don’t yet have a living trust, now is the time to consider creating one. Whether your home is in Benicia, Concord, Martinez, or anywhere in Solano County, you can protect your loved ones from future delays and court fees.
Here’s what you can do today:
Talk to a local trust attorney about setting up a living trust.
Review your will and make sure it reflects your current wishes.
Make a list of your assets, including real estate, and how you’d like them handled.
Contact SF East Bay Homes for trusted referrals and guidance on how your real estate fits into your estate plan.
Having a will is a good start—but in the world of real estate, a living trust gives your family more protection, privacy, and peace of mind. In the East Bay Area, where homes in Vallejo, Fairfield, Concord, and Martinez carry high value, avoiding probate can save time, money, and heartache.
At SF East Bay Homes, we believe in educating and empowering our community. Contact us today to get started with a Certified Probate Real Estate Agent!
Note: We do not give financial or legal advice. We partner with trusted legal and financial professionals that are vetted and are here to help you during these times.
Follow us on Facebook and Instagram for more tips on your real estate journey!
