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San Francisco , CA Estate Planning Attorneys

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San Francisco County estate planning attorneys help residents set up trusts, wills, and directives that keep family property out of probate court.

Key Takeaways:

  • California probate fees are set by statute and based on the estate’s gross value.
  • A living trust avoids probate only for assets titled in its name.
  • Karpel Law Firm is led by an attorney with 30 years of experience and offers a full-time, in-house CPA.

A San Francisco home worth $1.5 million that passes through probate can generate $28,000 in statutory attorney fees, and the executor is entitled to the same amount again. California calculates those fees on the gross value of the estate, so a mortgage doesn’t reduce them.

Our San Francisco County estate planning attorneys at Karpel Law Firm build plans that let your property pass to your family without a court case and without those fees. We also plan for incapacity, so the people you choose can act for you without going to court.

Book a free consultation.

Fresno Estate Planning Attorneys

Why San Francisco Estates Without a Trust Usually End Up in Probate Court

When a resident dies without estate planning in place, these rules decide what happens next.

One court hears every case. San Francisco is a consolidated city and county, so probate, trust, and conservatorship matters go to the Superior Court’s probate department at the Civic Center Courthouse on McAllister Street. Probate filings become part of the public court record.

Small estate limits help less than expected. For deaths on or after April 1, 2025, heirs can collect personal property worth $208,850 or less without probate. A primary residence worth up to $750,000 can use a simpler petition under the adjusted dollar limits.

A pricier home still needs full probate unless it passes outside the estate, such as through a trust.

A will doesn’t avoid probate. A will names who inherits and who serves as executor, but the court still supervises the transfer. A revocable living trust lets your successor trustee transfer the assets it holds without a court case.

Incapacity needs its own documents. A durable power of attorney and an advance health care directive let people you choose handle your finances and medical decisions if you can’t. Without them, your family may need to petition the same court for a conservatorship.

Three Mistakes That Undo an Otherwise Solid Estate Plan

A signed trust is only the first step. These gaps can send property back to probate or create problems your family has to sort out later.

Leaving the house out of the trust. Signing a trust doesn’t move property into it. Your home needs a new deed naming the trust, recorded with the San Francisco Assessor-Recorder. A home still held in your individual name may require probate.

Adding a child to the title. Putting an adult child on your deed as a joint tenant can expose the home to that child’s creditors. It may also cost your heirs part of the tax basis step-up they’d otherwise receive when you pass away.

Overlooking beneficiary forms. Retirement accounts and life insurance pass by beneficiary designation, regardless of what your will or trust says. A form that still names a former spouse or a relative who has died can lead to a dispute.

Our San Francisco County estate planning attorneys review how each asset is titled so your trust covers what you expect it to.

What Our San Francisco County Estate Planning Attorneys Bring to Your Plan

Our firm is led by Darin Karpel, an attorney and we offer services of a licensed CPA in our office and virtually. That matters when a plan includes rental property, a business, or retirement accounts, because tax basis and income tax rules often shape how those assets should be held.

When a home is the largest asset in an estate, deed and title decisions carry real weight. Our experienced San Francisco County estate planning attorneys look at those decisions alongside the tax consequences for your heirs.

Our team has more than 70 years of combined experience and holds an AV Preeminent Peer Review Rating from Martindale-Hubbell. We also work with clients in Spanish, so more family members can take part in planning conversations.

Put a Plan in Place Before Probate Decides for Your Family

Without a trust, a San Francisco estate can spend many months in probate while statutory fees come out of your heirs’ inheritance. An illness without signed directives can lead to a conservatorship hearing in the same courthouse.

A plan signed now prevents both. Our San Francisco County estate planning attorneys can draft yours and update it as your family and property change.

Book a free consultation.

 

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