A trust provides assistance both in cases of incapacity and death. In situations of incapacity, the trustee takes immediate control when the individual is no longer able to act for themselves. Unlike a will, a trust is a living, breathing document that comes into effect while the individual is alive. On the other hand, a will becomes relevant only after the individual’s passing.

One significant advantage of a trust is its ability to help in various ways, with the most notable being the avoidance of probate fees. Probate, a court-supervised process lasting about a year and a half in California, is known for its high expenses. Probate fees, including attorney fees, can be substantial. For example, with a $200,000 estate, attorney fees alone could amount to $7,000, not including additional costs such as filing fees and publication fees. For larger estates, such as a $5 million probate, attorney fees can reach around $54,000. By utilizing a trust, individuals can save on these probate fees, although some administration fees may still apply, which are considerably lower than probate fees.