Wills, trusts, estate planning, and estate administration are under the topic of "probate law.". You can find additional materials on probate law by browsing the library shelves near the listed books or by searching the library catalog.
BASICS
What exactly is estate planning?
Estate planning is the process of deciding who will get your property and how you would like it transferred after your death. It can also involve designating a guardian for young children or a representative to make financial and medical decisions for you if you become incapacitated.
Why would I want to avoid probate?
Probate is an official court proceeding in which the estate of the decedent is divided according to a will (if one exists) or state succession laws (if no will exists). It is also a lengthy process (it usually takes 9-14 months) and involves a lot of paperwork, time, and money. In addition, the documents filed in a probate proceeding are a matter of public record, and some may wish to avoid public scrutiny of their financial situation.
What's the difference between a will and a living trust?
A will is a legal document that becomes effective upon your death and details how you want your property distributed. All property left in a will must go through probate court. A living trust, on the other hand, is in effect while you're still living; you transfer the property into the trust, yet you still have control of the trust and can make changes or additions. Property distributed via living trust is generally not subject to probate.
What are some other options besides wills and trusts?
There are several alternatives to wills, and many people choose to have a combination of estate planning devices, such as a living trust, a "Payable on Delivery" (POD) bank account, in which the funds automatically transfer to another in the case of death, or a "back-up" will. The resources in this guide provide information on these and other estate-planning tools.
You may also wish to consult these relatedLegal Research and Step-by-Step Guides:
Conservatorship: Caring for Adults Who Can't Care for Themselves
Decedents' Estates: How To Transfer Property After Death
Legal Help Referral: Seniors and People with Disabilities
Health Care Decisions: Living Wills and Advance Health Care Directives
Power of Attorney: Giving Another Person the Legal Authority to Act on Your Behalf
SELF HELP
These books are highly regarded "plain English" explanations of the law, written by attorneys or other legal experts. They include basic legal discussion and procedures, forms with instructions, and models of other documents that may be required. Many of the books have CDs that supplement the text and provide interactive forms. You can find all of these titles, and more, in the Library's Self Help Collection.
(A) Trusts
Make Your Own Living Trust KF 734 .C58
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
Special Needs Trusts: Protect Your Child's Financial Future KF 736 .S7 .E43
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
Your Wills, Trusts, & Estates Explained Simply KF 750 .P54
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
The Trustee's Legal Companion KF 734 .H36
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
(B) Wills and Estate Planning
8 Ways to Avoid Probate KF 750 .Z9 A118
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
Busy Family's Guide to Estate Planning KF 750 .Z9 H32
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
Estate Planning Basics KF 750 .Z9 C585
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
Estate Planning for Blended Families KF 750 .Z9 B36
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
Get It Together: Organize Your Records So Your Family Won't Have To
KFC 750 .Z9 C85
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books. (The state is CA and password is Sacramento.)
Nolo's Simple Will Book KF 755 .Z9 C54
[Includes FORMS in the book and on an accompanying CD]
The Mom's Guide to Wills & Estate Planning KF 750 .Z9 H36
Quicken WillMaker Plus 2011: Book and Software Kit KF 750 .W55
[Includes FORMS in the book and on an accompanying CD]
LEGAL ENCYCLOPEDIAS and LAW SUMMARIES
California legal encyclopedias and law summaries provide a summary of California law on specific topics, including estate planning and probate. These materials include references to applicable statutes and cases. Attorneys and people representing themselves may find these resources useful.
California Jurisprudence (Cal. Jur. 3d) Third KFC 80 .C35
Topics include "Wills," "Estates," and "Trusts."
Electronic Access: On the law library computers, using Westlaw.
Summary of California Law, 10th Edition (Witkin) KFC 80 .W57
Topics include "Disposition of Estate without Probate," "Making of Wills," and "Trusts."
Electronic Access: On the law library computers, using Westlaw.
PRACTICE GUIDES
Although practice guides are written for attorneys, people representing themselves may also find these resources useful. These materials provide more detailed information than the self-help books.
(A) Trusts
California Trust Administration KFC 188 .D46
Electronic Access: On the law library computers, using OnLaw.
[Includes FORMS in the book and on an accompanying CD]
California Trust Practice KFC 188 .H37
[Includes FORMS in the book and on an accompanying CD]
Drafting California Irrevocable Trusts KFC 188 .D72
Electronic Access: On the law library computers, using OnLaw.
[Includes FORMS in the book and on an accompanying CD]
Drafting California Revocable Living Trusts KFC 188 .C62
Electronic Access: On the law library computers, using OnLaw.
(B) Wills and Estate Planning
California Wills & Trusts KFC 201 .A65 C35
California Will Drafting KFC 201 .C34 W5
Electronic Access: On the law library computers, using OnLaw.
[Includes FORMS in the book and on an accompanying CD]
California Estate Planning KFC 195 .A16 C3
Electronic Access: On the law library computers, using OnLaw.
FORMS
Formbooks contain samples and examples of documents and forms used in probate and estate planning. Some formbooks include copies of completed documents and forms to provide guidance for completing these papers.
California Wills & Trusts Forms KFC 201. A65 C351
Electronic Access: On the law library computers, using the LexisNexis CD.
California Legal Forms Transaction GuideKFC 68 .C32
Chapters 60 to 74, Wills and Trusts
Electronic Access: On the law library computers, using the LexisNexis CD.
California Code Forms: Probate KFC 30. W482 P76
Electronic Access: On the law library computers, using Westlaw.
WEB SITES
Living Trust Pamphlet
http://www.calbar.ca.gov/Public/Pamphlets/LivingTrust.aspx
A concise overview on creating living trusts, published by the State Bar of California.
Do I Need a Will? Pamphlet
http://www.calbar.ca.gov/Public/Pamphlets/Will.aspx
A guide answering common questions regarding wills, property, and beneficiaries.
updated 11/11 kb