Best Estate Planning Attorneys in San Rafael, California

Anyone who wants to avoid probate, protect assets, or provide clear instructions for their family may benefit from a California Living Trust. It’s especially useful for San Rafael homeowners, business owners, and families with multiple properties. A longtime family home in Dominican or Peacock Gap, a Marin County rental property, or a second home elsewhere in California can represent a significant part of a family’s wealth. A properly funded Living Trust can help keep those assets out of probate and make the eventual transfer to the next generation much easier.

A trustee manages the Trust after the grantor’s death or incapacity. Our team guides trustees in San Rafael through the legal responsibilities, paperwork, and decision-making to help protect both the trust and beneficiaries.

You should review your estate plan after major life events like marriage, divorce, the birth of a child, or significant changes in assets, or at least every 3-5 years to stay aligned with current California laws. In Marin County, rising property values are the trigger most often missed. CunninghamLegal can also assist with lodging a will at the appropriate courthouse after a death, including the Superior Court of California, County of Marin that is located inside the historic Marin County Civic Center Hall of Justice.

After the loss of a loved one, the family usually needs to either administer the Trust or open probate, depending on what the person left behind. Our San Rafael office guides families through trust administration, probate, dissolving a trust, and estate settlement, including probate filed at the Marin County Courthouse, so your loved one’s wishes are carried out and your family can be protected.

Estate planning in San Rafael costs a fraction of what probate costs. Likewise, a plan built around a single Living Trust costs less than one involving a business, a blended family, or tax planning. Please contact us so we can learn more about the type of planning you are looking for.

Since April 2025, a qualifying primary residence worth $750,000 or less can pass through a simplified court petition instead of full probate. With the median Marin County home around $1.8 million, many local families are well above that line based on their home alone.

And probate gets expensive quickly. California sets probate fees by statute, and the attorney and the executor each receive the same amount. The fee is calculated on the gross value of what you own. On a $1.8 million probate estate, California’s statutory fees for the attorney and executor can total approximately $62,000. Those fees are calculated on the gross value of the probate estate, not the equity, so a mortgage generally does not reduce the value used to calculate the statutory fee.

And remember, the home may be only part of the picture. A second home, rental property, or other assets subject to probate can add to the estate. A properly funded Living Trust can help keep trust assets out of probate, regardless of the value of the home.

Bring an idea of what you own and who you want it to go to for your first meeting with an estate planning attorney. In practice that means property deeds, recent account statements, business documents, life insurance policies, and any will or trust you already have. Also come with names in mind for the people who would make medical and financial decisions for you, because that is the question most people have not thought about before the first meeting.

Yes, you can meet with a San Rafael estate planning attorney by phone or video. We offer in-person, phone, and Zoom appointments. If getting to the office is difficult, or you would rather start with a conversation before committing to a visit, a remote appointment works the same way.