When Should I Create an Estate Plan in California?

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Understanding When to Create an Estate Plan

Estate planning is not only for people who have accumulated significant wealth. An estate plan can help you decide what happens to your property, finances, health care decisions, and other personal matters if you become incapacitated or pass away.

For California residents, creating an estate plan can provide greater control over important decisions and help your family understand your wishes.

There is no single age or life stage when everyone should create an estate plan. However, certain life events make estate planning particularly important.

At Dosh Law, we help individuals and families throughout Placerville, El Dorado County, and surrounding Northern California communities create estate plans tailored to their circumstances and goals.

When Should I Create an Estate Plan?

You should consider creating an estate plan as soon as you have assets, financial responsibilities, or people who depend on you.

Estate planning may be especially important when you:

  • Become an adult with significant financial responsibilities
  • Get married
  • Have or adopt a child
  • Purchase a home or other real estate
  • Build significant savings or investments
  • Start or acquire a business
  • Receive an inheritance
  • Experience a divorce
  • Remarry
  • Experience a significant change in your finances
  • Want to establish health care or financial decision-making instructions

Waiting until a major life event can leave important decisions unresolved. Creating an estate plan earlier allows you to establish a foundation that can be updated as your circumstances change.

Do Young Adults Need an Estate Plan?

Estate planning can be useful even for young adults who do not have substantial assets.

Once someone becomes an adult, parents or other family members may not automatically have authority to make certain financial or medical decisions on their behalf.

Documents such as a power of attorney and advance health care directive can identify who you want to make important decisions if you are unable to make them yourself.

Young adults who own property, have children, operate a business, or have significant financial responsibilities may have additional estate planning needs.

Should I Create an Estate Plan When I Get Married?

Marriage is an important reason to review or establish an estate plan.

California community property law and statutory protections for surviving spouses can affect how property passes at death and may limit a spouse's ability to completely disinherit the other spouse. Disinheritance of a spouse generally requires valid estate planning structures that comply with California law and should be carefully reviewed with an estate planning attorney based on the couple's property, family circumstances, and existing documents.

If either spouse already has an estate plan, marriage can also be a good opportunity to review existing documents and determine whether updates are appropriate.

Should I Create an Estate Plan After Having Children?

Having a child is one of the most important reasons to review your estate plan.

Parents may want to address:

  • Guardianship for minor children
  • Management of assets for children
  • Distribution of property
  • Financial decision-making
  • Health care decisions
  • What happens if one or both parents become unable to care for their children

A will can be particularly important for parents because it allows a parent to nominate a guardian for a minor child. However, a guardianship nomination in a will does not automatically give the nominated person legal authority over the child after the parent's death. The court must appoint the guardian, and the court considers the child's best interests when making guardianship decisions. See Cal. Prob. Code § 1514 (2025); Suleman v. Superior Court, 180 Cal. App. 4th 1287, 1296 (2010).

Estate planning can also help parents address financial support and asset management for children.

Do I Need an Estate Plan If I Own a Home?

Owning real estate can make estate planning particularly important.

A home may represent one of the largest assets a person owns, and the way it is titled can affect how it is handled after death.

Depending on your circumstances, a living trust or other estate planning structure may be appropriate.

An attorney can review how your property is currently titled and explain options for incorporating it into your overall estate plan.

Should Business Owners Have an Estate Plan?

Business ownership creates additional estate planning considerations.

Business owners may need to consider what happens to their ownership interest if they become incapacitated or pass away.

An estate plan can help address:

  • Business ownership interests
  • Succession planning
  • Management responsibilities
  • Transfer of ownership
  • Family members involved in the business
  • Distribution of business assets

Business owners should consider estate planning alongside their broader business and financial planning.

Should I Create an Estate Plan After Receiving an Inheritance?

Receiving an inheritance can significantly change your financial circumstances.

A substantial inheritance may include cash, investments, real estate, or other assets that need to be incorporated into your existing estate plan.

If you receive an inheritance, reviewing your estate plan can help ensure your newly acquired assets are properly addressed and your overall plan continues to reflect your wishes.

Federal estate tax exemptions and related tax laws can change periodically. For estates of significant value, estate tax planning may be an important consideration, and consulting with an estate planning attorney can help determine whether additional planning strategies may be appropriate based on the current law and the individual's circumstances.

Do I Need to Update My Estate Plan After Divorce?

Divorce can significantly affect an existing estate plan.

After divorce, it is important to review documents that may identify a former spouse or another person as a beneficiary, trustee, agent, or decision-maker.

Depending on the circumstances, you may need to review:

  • Your will
  • Living trust
  • Beneficiary designations
  • Power of attorney
  • Advance health care directive
  • Property ownership
  • Other estate planning documents

Remarriage can create additional estate planning considerations and is another important reason to review your plan.

What Happens If I Do Not Have an Estate Plan?

Without an estate plan, California law determines how certain assets are distributed and who may have authority to make certain decisions.

For purposes of intestate succession, California recognizes parent-child relationships between natural parents and children regardless of whether the parents were married. In some circumstances, establishing parentage for inheritance purposes may require compliance with California's Uniform Parentage Act or other applicable legal procedures. See Estate of Franco, 87 Cal. App. 5th 1270, 1277 (2023).

Depending on your circumstances, your family may also face additional legal or administrative processes after your death or incapacity.

An estate plan allows you to provide instructions rather than leaving every decision to default legal rules.

Depending on your circumstances, your family may also face additional legal or administrative processes after your death or incapacity.

An estate plan allows you to provide instructions rather than leaving every decision to default legal rules.

What Documents Should Be Included in an Estate Plan?

The documents you need depend on your circumstances, but an estate plan may include:

  • Revocable living trust

  • Last will and testament

  • Pour-over will

  • Durable power of attorney

  • Advance health care directive

  • Beneficiary designations

  • Guardianship provisions

  • Other documents appropriate to your situation

Each document serves a different purpose.

Health care planning can involve two related but distinct types of instructions. A health care power of attorney designates an agent to make health care decisions on your behalf if you are unable to make those decisions yourself. Individual health care instructions, sometimes referred to as a living will, allow you to state your preferences regarding specific medical treatments and end-of-life care.

California's Health Care Decisions Law governs these documents and is designed to give effect to competent decisions about health care while helping avoid unnecessary judicial proceedings when valid instructions and decision-makers are available. See Conservatorship of Wendland, 26 Cal. 4th 519, 550 (2001); Humboldt County Adult Protective Services v. Superior Court, 4 Cal. App. 5th 548, 552 (2016).

How Often Should I Review My Estate Plan?

Estate planning should be reviewed periodically and whenever significant circumstances change.

Consider reviewing your estate plan after:

  • Marriage
  • Divorce
  • Birth or adoption of a child
  • Death of a beneficiary
  • Significant changes in assets
  • Purchasing or selling real estate
  • Starting or selling a business
  • Receiving an inheritance
  • Changes in your financial goals
  • Changes in your family circumstances

Regular reviews can help ensure your documents continue to reflect your current wishes.

Why Choose Dosh Law for Estate Planning?

Estate planning involves important decisions about your property, finances, family, and future. Dosh Law provides personalized estate planning services to help California clients understand their options and establish plans that reflect their individual circumstances.

Our team can help with estate planning matters involving:

  • Living trusts
  • Wills
  • Powers of attorney
  • Advance health care directives
  • Beneficiary planning
  • Guardianship considerations
  • Asset distribution
  • Estate plan reviews and updates

Dosh Law serves clients throughout Placerville, El Dorado County, El Dorado Hills, Cameron Park, Shingle Springs, Diamond Springs, Pollock Pines, Georgetown, and surrounding Northern California communities.

Frequently Asked Questions

What is the best age to create an estate plan?

There is no specific age that applies to everyone. Estate planning becomes increasingly important when you have assets, children, financial responsibilities, or people who depend on you.

Do I need an estate plan if I am young?

You may benefit from basic estate planning documents even if you do not have substantial assets. A power of attorney and advance health care directive can help identify who you want to make financial and medical decisions if you cannot make them yourself.

Should I create an estate plan after getting married?

Yes. Marriage is an important opportunity to create or review an estate plan and ensure your documents reflect your current family and financial circumstances.

Should parents have an estate plan?

Parents should consider estate planning to address guardianship nominations, asset management, and other decisions affecting their children. A will allows a parent to nominate a guardian, but the nomination does not automatically establish legal guardianship. The court must appoint the guardian and considers the child's best interests when making the guardianship decision.

How often should I update my estate plan?

There is no universal update schedule. However, you should review your estate plan after significant changes in your family, finances, property, or other circumstances.

Can an estate plan be changed?

Many estate planning documents can be updated when circumstances change. The ability to make changes depends on the type of document and how it was established.

Schedule an Estate Planning Consultation

You do not need to wait until you have significant wealth or reach a certain age to begin planning for the future. Creating an estate plan can give you greater control over your property, financial affairs, and personal wishes.

Contact Dosh Law today to schedule a confidential estate planning consultation with an experienced attorney serving Placerville and El Dorado County.