Homeowner Education  ·  El Dorado Hills, CA

Your El Dorado Hills home probably isn't in a trust. Here's what that costs your family.

Shannon and I sit down with homeowners every week across El Dorado Hills, Cameron Park, and Shingle Springs. One thing comes up more than people expect: the home isn't in a trust. Not because anyone made a careless decision — but because life gets full, and it never felt urgent. This post explains what that gap actually costs under California law, and what a revocable living trust does differently.

By Jon & Shannon Yoffie, Yoffie Real Estate Group  ·  May 29, 2026

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01   What California probate actually means for a homeowner

California probate is the court-supervised process of transferring a deceased person's assets to their heirs when no trust covers those assets. For most El Dorado Hills homeowners, the primary asset is the home — which means probate and real property go together more often than people realize.

Here is the sequence once probate opens in El Dorado County Superior Court:

• The executor files a petition to open the estate.
• Creditors are notified and given a window to file claims.
• The estate is appraised. Debts are paid. The court supervises distribution.
• The home is frozen throughout — no sale, no refinance, no equity access.

That process takes a minimum of 12 to 18 months. Contested estates, title complications, or a backed-up court calendar can stretch it past two years.

Every filing — the home's appraised value, the names of your heirs, the terms of your estate — is public record in El Dorado County. Anyone can look it up.

Jon Yoffie of Yoffie Real Estate Group tracks how often this comes up at listing appointments across El Dorado Hills, Serrano, Blackstone, and Folsom. It is far more common than sellers expect. For current context on what homes in the area are worth — and what's at stake in a probate scenario — see the El Dorado Hills Market Report for May 2026.

02   What probate costs on a typical El Dorado Hills home

California sets attorney and executor fees by statute, under Probate Code §10810. The fees are calculated on the gross estate value — not your equity. A home worth $750,000 with a $400,000 mortgage generates fees on $750,000.

These fees come out of the estate before your family receives anything. Add court filing fees, the required probate referee appraisal, and bond premiums, and the total bill on a mid-range EDH property typically clears $40,000.

That is not a worst-case number. That is the default.

03   What a revocable living trust actually does

A revocable living trust holds your assets — including your home — during your lifetime, then transfers them to your chosen beneficiaries after you pass. No court. No public filing. No mandatory waiting period.

When your home is titled in a trust, your successor trustee can act within weeks. The transfer is private. The process costs nothing beyond what was spent setting up the trust in the first place.

Three things separate a trust from a will when it comes to California real property:

• Speed. A trust transfer takes weeks. Probate takes 12 to 18 months minimum.
• Privacy. Trust distributions are not public record. Probate filings are.
• Cost. A trust typically costs $1,500–$3,500 to establish. Compare that to $34,000+ in statutory fees on a $700K home.

One thing a will does not do: avoid probate. This is probably the most common misconception we hear from homeowners who think they're covered. If you have a will but no trust, and your home is titled in your name, the estate still goes to court.

04   Is your trust actually current?

Some homeowners assume they're covered because they set something up years ago. That assumption is worth checking — for two specific reasons.

The deed has to match the trust. Creating a trust doesn't automatically retitle your property. A separate deed must be recorded in the name of the trust. We've seen situations where the trust was properly drafted and signed — and the home was never funded into it. The deed still read the owner's name individually. The home would have gone through probate anyway.

Life changes invalidate trust provisions. If you named a successor trustee who has since passed, is no longer in your life, or is otherwise unavailable, the trust may need court intervention to resolve. The probate protection you planned for disappears.

If you've moved, refinanced, or purchased a new property since your trust was created, confirm with your estate attorney that the current deed is titled in the trust's name.

05   A local resource for El Dorado Hills families

We're not attorneys, and nothing in this post is legal advice. When clients ask where to start, we send them to Hoffman & Hoffman in Folsom. They've been serving families in El Dorado Hills, Cameron Park, and the Sacramento region since 1995, with a focus on trusts, wills, advance healthcare directives, and powers of attorney. They offer a free initial consultation.

hoffmanandhoffman.com  ·  (916) 985-2753

This isn't a paid referral. It's where we send people we care about.

One thing worth doing this week

Pull out your deed — or call the escrow company from your last purchase and ask how title is held. If it reads your names individually rather than “[Your Names], Trustees of the [Your Name] Family Trust,” your home sits outside a trust, or you don't have one.

Your home represents years of equity. It deserves more than 15 minutes of planning.

If you have questions or want to understand what your home is worth as part of a broader financial picture, request a complimentary Smart Pricing Analysis from Yoffie Real Estate Group. And for answers to the most common questions we hear from El Dorado Hills homeowners, see our El Dorado Hills Real Estate FAQs.

Not legal advice. Please consult a qualified estate planning attorney for guidance specific to your situation.

Frequently asked questions: California probate and trusts

Does a will avoid probate in California?

No. A will does not avoid California probate. If your home is titled in your individual name and you pass away, the estate goes through the probate court process regardless of what your will says. A revocable living trust — with your property properly deeded into the trust — is what avoids probate.

How long does California probate take?

Most California probate proceedings take 12 to 18 months from the date the petition is filed. Contested estates, title disputes, or court backlogs can stretch the timeline to two years or more. During the entire period, heirs cannot sell, refinance, or access the property.

How much does California probate cost on a $900,000 home?

Under California Probate Code §10810, the statutory attorney fee on a $900,000 estate is $21,000. The executor is entitled to the same fee — a combined $42,000 before court filing fees, appraisal costs, and bond premiums are added. These fees are calculated on gross value, not net equity.

Do I need a trust if my spouse is on the deed?

It depends on how title is held. Community property with right of survivorship allows a surviving spouse to inherit without probate for that transfer — but when the surviving spouse later passes, the property goes through probate unless a trust is in place. An estate attorney can review your current deed and advise the right structure for your situation.

How do I know if my El Dorado Hills home is already in a trust?

Check your recorded deed. The property owner line should read something like “[Your Names], Trustees of the [Your Name] Family Trust, dated [Year]” — not your names individually. El Dorado County has recorded deeds on file, and the escrow company from your last transaction can also confirm how title was held at closing.

What happens if my trust is outdated or my successor trustee has passed away?

A trust with a deceased or unavailable successor trustee may require court intervention to resolve — which erodes the probate-avoidance benefit you planned for. If your trust is more than five years old, or your family or financial situation has changed significantly, a review with an estate attorney is worth the time. Updating a trust is typically far less expensive than creating one from scratch.