Benefits of a Revocable Trust vs. Probate in California

House with Tile Roof, 3 car garage

I wanted to take a moment to share some insights on the significant advantages of placing residential property in a California trust, and why this is an important step for both property owners and their heirs. If you own property but do not have a trust, this may be important information for you  at this time. This is a rather lengthy post, but one that could be helpful.

Benefits of a California Trust for Residential Property

One of the primary reasons people place their residential property into a trust is to ensure that their assets pass seamlessly to their heirs without the need for a lengthy and costly court process. A California revocable living trust can hold title to your property, allowing it to be distributed according to your wishes upon your passing. If something happens do you want to be the one that makes the decisions of where your assets go or do you want the state to make the decision for you?

How This Helps Heirs

A key benefit for your heirs is that, upon your passing, your property can be transferred directly to them without the delays of probate. Probate, which is the legal process of administering an estate, can take months or even years to resolve. It often involves public proceedings, legal fees, and court delays. By using a trust, your heirs will avoid these complications, receiving their inheritance much more swiftly and privately.

Importance of Keeping Your Trust Updated

It is essential to periodically review and update your trust, particularly if there are significant life changes—such as the acquisition of new property, the birth of a child, or changes in your family dynamics. An up-to-date trust ensures that your current wishes are reflected and that all assets are properly accounted for. Failure to update your trust can lead to unintended consequences, such as certain assets being excluded from the trust, leaving them subject to probate.

Why Probate Court Should Be Avoided

Probate is often a lengthy and expensive process. In California, the cost of probate can be substantial, including court fees, executor fees, and attorney fees, which are generally based on the value of the estate. These costs can quickly eat into the value of your estate, diminishing the inheritance left to your heirs. Furthermore, the probate process can be a public affair, meaning that the details of your estate, including asset distribution, may be accessible to anyone. This can lead to unwanted scrutiny or potential family disputes.

A trust, by contrast, allows for a much smoother, private, and efficient transfer of property. Assets held in the trust are not subject to probate, and your wishes are carried out according to your instructions, without the need for court intervention.

In summary, placing your residential property in a California trust offers significant benefits, including avoiding the hassle of probate, ensuring that your heirs receive their inheritance promptly, and maintaining privacy throughout the process. I strongly recommend that you consult with an estate planning professional to create or review your trust to make sure it reflects your current desires and protects your heirs from unnecessary legal complications.  The Los Angeles County Tax Assessor has additional information to help you: https://assessor.lacounty.gov/real-estate-toolkit/wills-and-trusts -- find out more about trusts and tax savings.

PROBATE 

Many people do not realize how much probate fees may impact an estate.  Let's dive into the probate costs in California for an estate valued at $900,000.

In California, probate fees are determined by a statutory fee schedule, which is based on the gross value of the estate (before debts and expenses). These fees are set by California's Probate Code (Section 10810) and can be quite significant, especially for larger estates.

Example:  Probate Fees for a $900,000 Estate

1. Probate Court Fees*:

   • First $100,000 of the estate: 4% of the value.

   • Next $100,000: 3% of the value.

   • Next $800,000: 2% of the value.

Here's how the breakdown works for a $900,000 estate:

• First $100,000:
  4% of $100,000 = $4,000

• Next $100,000:
  3% of $100,000 = $3,000

• Next $700,000 (for the remaining value over $200,000):
  2% of $700,000 = $14,000

Total Probate Fees for the Estate

Adding these amounts together: The total probate fees for a $900,000 estate would be $21,000.

Additional Costs to Consider

In addition to the statutory probate fees, there are other potential costs that can add up:

Executor’s Fees: The executor (or personal representative) of the estate is entitled to a fee, which is the same as the attorney's fees (based on the same statutory schedule). For a $900,000 estate, that’s an additional $21,000 in fees.

Attorney’s Fees: Probate attorneys are usually compensated based on the same statutory fees as the executor. This means that the total legal costs (for both the executor and the attorney) could be around $42,000.

Other Court Fees: There may be additional costs for filing fees, bond fees (if a bond is required for the executor), and other miscellaneous administrative costs.

Time: The probate process in California can take anywhere from 6 months to over a year, depending on the complexity of the estate, and during this time, your heirs may not have access to the property or other assets.

For an estate valued at $900,000, the total probate costs (including court fees, executor fees, and attorney fees) could easily reach $42,000 or more. These costs can significantly reduce the value of the estate and cause delays for the heirs. That's why many people choose to place their property into a trust to avoid the lengthy probate process and the associated expenses. *See California Probate Code Sec. 10810 for a complete description of fees.

If you'd like more detailed information on how to sell a trust property or a property that is going into probate, or have any follow-up questions, feel free to ask.  Note:  I am not an attorney, but as a Realtor I can provide information required to complete the listing and sale of a property in a trust or probate. For legal handling of setting up a trust, or what to do if you are an heir to a property, please consult a trust/probate attorney. 

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

July 2019 Market Prices for Houses in Long Beach

No matter what is said about housing affordability up to this point, the house prices continue upward overall.

In January 2014, the average price of a single family home in Long Beach was just under $500,000. Following the peaks and valleys all along since then, the average price in July 2019 was $775,352, while the median (midway point of all SFR's sold) is $660,000, vs $455,000 in January 2014.

Days on Market:  July, 33 average days on market. This is time before an accepted offer, so what does this mean? You can't waiting around forever before making an offer.

List to Sold:  In the last 5 years, houses have sold in the range between 97% of list price to 100% of list price, with the July average at 98.6% of original list price.  So what does this mean? That you have to make your offers strong.

Months Supply:  This is the amount of inventory on the market before it would run out at the current rate of sale, and this has been ranging, since 2014, between 1.5 months and 3.5 months.  It's been a long time since the 6 month supply level, considered the market norm, has been around. So what this this mean? Limited supply helps drive prices up, less inventory,  continued demand.

Closed Sales:  Since 2014, this varied  between monthly lows of 102 and 106 SFR closings a month, to 259 a month.  In July, 212 single family homes sold.  What does this mean?  It's not unusual for low sales in January and more sales in the summer.  Since 2008, the highest number of sales were in August 2012 (260) and June 2017 (259).   Per data on the MLS, just to compare, going further back to January 2000, 183 SFRs were sold; in July of 2001, 350 SFRs were sold.  So our market volume has slowed consideredly since that time, and prices have gone up.

But buyers are still looking to buy, so if you are thinking about selling, even if you're not sure when, whether you have a house, condo, or unit properties, please contact me. I can work with trust and probate properties also!

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

Current State of the Real Estate Market in Long Beach

Conditions for property sales have largely returned to normal, meaning there are very few distressed properties or "special condition" issues on the market.

Out of a total of 401 active listings for single family homes and condominiums in currently on the Long Beach market, as listed in the Realtor multiple listing service, there are:

• 381 standard sales
• 4 foreclosures
• 4 notices of default
• 8 real estate owned, including HUD
• 6 short sales
• 4 probate sales
• 2 requiring third party approval 

In other words, the market from 5-7 years ago which featured a minimum of 35%-50% distressed listings in many areas, both in California and across the country, has improved to a market of majority regular sales.

In the last 90 days (4th quarter of 2016), 562 single family homes sold in Long Beach as "regular" sale, at an average price of $652,936 (ranging from $199,000 to $3,790,000).

In the prior 90 days (3rd quarter of 2016), the MLS reports 563 Long Beach single family homes sold at an average price of $664,070 (ranging from $200,000 to $4,750,000).  So in Long Beach, the overall pricing has been fairly stable for a house for about the last 6 months, based on data from the MLS. As it has for multiple years now, inventory remains in the 2-3 months level, which is what creates more competition among the active buyers and a decentivized seller market which ends up staying put, not finding what they would move on to.

What will happen in 2017 in the bigger picture?  The median California house price is predicted to rise a little over 4%, housing affordability still going down, but sales volume is expected to rise over 2016. There are lots of market variables: global market changes (Brexit); increasing conventional interest rates for some (so far VA and FHA rates are still lower), but interest rates are still very low compared to earlier market cycles; foreclosed houses bought up and turned into rentals; the fact that California is delayed in construction of new units and will probably not catch up for years with the population growth; and also, affordability challenges for first-time and lower income buyers, a very big issue; plus, the baby boomers staying in place, and not moving like their parents did, which means fewer listings on the market (just one of the reasons for depressed inventory).

One thing helping buyers are down payment assistance programs, CalHFA being one, another are two-income families with documented income, and a third is the persistance to become a homeowner.

Please contact me for information about selling, I am also able to search out information in more distant markets which may help a seller in their decision to relocate.