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Estate planning in Los Angeles, CA
California Probate Court is statutory-fee — and inherited Prop-13-protected homes are the family-fight epicenter.
Why this matters in Los Angeles
The local angle
California uses statutory probate fees (about 4% on the first $1M) which makes probate-avoidance via trust the conventional advice — but Prop 13 (and its successor Prop 19) creates property-tax landmines for transferring inherited homes. Most LA estates are real-estate-heavy with low cost basis, so the step-up basis on inherited property saves families six figures in capital gains tax.
Local nuance
Prop 19 (effective 2021) means children inheriting a parent's primary residence only keep the low Prop-13 base if they move in within one year and use it as their primary residence. Otherwise the property tax resets to market value.
Top concerns for Los Angeles families
- Prop 19 reassessment when inheriting parent's home
- Step-up in basis on appreciated LA real estate
- Avoiding statutory probate fees via revocable trust
- Community property characterization for blended families
California state law
At a glance
Los Angeles estate work is governed by California state law. Here's what every family should know.
Statutory fees: 4% of first $100K, 3% next $100K, 2% next $800K, 1% over $1M
Small-estate affidavit (Prob. Code §13100)
No inheritance tax
Spousal rights
Community property state — spouse owns 50% of community assets automatically
Common pitfalls
- CA probate is notoriously slow and expensive — statutory fees apply
- CA Prop 19 (2021) changed property tax transfer rules dramatically
- Heggstad petition can be used for property left out of trust
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Also serving
Other California cities
San Diego, CA
California rules apply — but San Diego's military families bring federal estate planning complexity.
San Jose, CA
Tech equity, RSU vesting schedules, and $2M+ homes make Silicon Valley estate planning unusually complex.
San Francisco, CA
$1.5M+ median home prices + statutory probate fees + Prop 19 = revocable trusts are almost universal here.