Probate vs Trust What Every Homeowner Needs to Know

probate and trusts probate vs. family trust Jul 05, 2026

Why a Trust Costs Less Than Probate in the Long Run

A family owns a Winnebago, 2 cars, a bass fishing boat, a condo in Hawaii, and a single-family home that has been in the family for decades. Without a will or a trust, all of it can end up in probate court.

I spoke with Scott Heisey, V.P. of Operations, Bay Area Education and Underwriting at Stewart Title of California, Inc., about what many home sellers do not expect. When a family owns property in more than 1 state, such as a condo in Hawaii and a home in the Bay Area, that family may face 2 separate probate cases instead of 1, a process attorneys call ancillary probate.

Many families skip a trust because of the upfront cost, often just a few hundred dollars. Probate itself can cost around $8,000 for the first $100,000 in value, per state. As Scott put it, a trust may be expensive up front, but it is money well spent.

Think of a trust as probate done while you are still alive, based on your assets and your heirs as they exist today, covering everything from a safe deposit box to a boat at the harbor to the home you live in.

Before you list, call Pat. Home sellers and fiduciaries get straight answers and a clear strategy from 1 of Silicon Valley's most experienced brokers. Pat@SiliconValleyBroker.com

This content is intended for informational purposes only and does not constitute legal, tax, or real estate advice. CalDRE #00979413

 

 

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