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Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.

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CA · Santa Clara County · Family estate-planning guide

Estate planning in San Jose, CA

Tech equity, RSU vesting schedules, and $2M+ homes make Silicon Valley estate planning unusually complex.

Why this matters in San Jose

The local angle

San Jose families face the most complex estate-planning landscape in the US: high real-estate values, large equity-comp packages (RSUs, ISOs, NQSOs), 409A-deferred comp, and the Prop 19 trap on inherited homes. The federal estate tax exemption matters for many Silicon Valley families because their on-paper net worth puts them near or above the $13.6M threshold.

Local nuance

Santa Clara County probate is the most expensive in California by absolute dollar amount because the median estate value is so high — statutory fees on a $2M estate are about $46K, which is why nearly every Silicon Valley family with a home should consider a revocable trust.

Top concerns for San Jose families

  • Revocable trust for tech-worker families
  • Prop 19 reassessment when inheriting
  • RSU/ISO vesting at death
  • Federal estate tax planning above $13.6M

California state law

At a glance

San Jose estate work is governed by California state law. Here's what every family should know.

Probate timeline
9–18 months typical, often longer

Statutory fees: 4% of first $100K, 3% next $100K, 2% next $800K, 1% over $1M

Small estate
Under $184,500 (indexed)

Small-estate affidavit (Prob. Code §13100)

Estate / inheritance tax
No estate tax

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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Start with the checklist

Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide.

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