Estate planning
California Estate Planning Attorneys. Wills, Trusts & Probate
Wills, Trusts & Probate. Serving the SF Bay Area, Sacramento, and statewide.
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Veteran-Founded & Led
Founded by Mark C. Smith, U.S. Army combat veteran.
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Berkeley Law-Trained
Educated at UC Berkeley School of Law.
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California Statewide
SF · Sacramento · Los Angeles · San Diego.
A California Estate Plan Built Around Your Family and Assets
We specialize in creating comprehensive estate plans that address the complexities of your life: protecting your beneficiaries, managing real estate holdings, and safeguarding business assets.
We tailor each plan to your family structure, assets, and long-term goals, then build in flexibility as life changes. Our goal is to give you peace of mind knowing your wishes will be honored.
What we account for
- Family structure
- Children, blended families, dependents, guardianship wishes, and beneficiary decisions.
- Real estate holdings
- Homes, rental properties, out-of-state property, and trust funding needs.
- Business interests
- Succession planning, management authority, and continuity for closely held businesses.
- Incapacity decisions
- Powers of attorney, health care directives, and trusted decision-makers.
Included in your plan
The Six Legal Documents in Your California Estate Plan
Every estate plan we prepare includes these six core legal documents. Each one has a specific role, and together they help your family avoid confusion, court delays, and uncertainty.
- Trust instrument
Living Trust
- Manages your assets during life and helps your family avoid California probate.
- Testamentary document
Pour-Over Will
- Catches assets left outside the trust and directs them into your estate plan.
- Financial authority
Durable Power of Attorney
- Names who can handle financial and legal decisions if you cannot.
- Medical authority
Advance Health Care Directive
- Documents your medical wishes and names your health care decision-maker.
- Trust funding document
Property Assignment
- Transfers eligible property into your trust so the plan actually works.
- Tailored provisions
Custom Legal Documentation
- Adds provisions tailored to your family, assets, and long-term goals.
Why it matters
Why Create a California Estate Plan?
A well-built estate plan gives your family direction before a crisis. It clarifies who has authority, how assets should move, and how private family decisions should be handled.
- Family & Dependent Care
- Safeguards your family from stress and uncertainty after your death or incapacity, and provides for minors, pets, and other dependents.
- Asset Control & Protection
- Ensures your assets are distributed according to your wishes, not default state or court rules, and shields them from creditors or legal disputes.
- Probate Avoidance
- Reduces the expenses and delays associated with California probate.
- Tax Benefits
- Can result in tax savings, preserving more of your estate for beneficiaries.
- Privacy
- Keeps the details of your estate private.
- Incapacity & End-of-Life Decisions
- Names someone to manage your affairs if you become incapacitated, and specifies your wishes for medical care and funeral arrangements.
Without a plan
What Happens Without a California Estate Plan
If you pass without a properly funded estate plan, your family may be left with California's default probate process: court delays, statutory fees, and public filings. The right plan can help avoid each of these outcomes.
- Typical CA probate
- 12–18 months
- Cost to your family
- $50,000+
- Who can read your filing
- Anyone.
A trust transfers your assets directly. No probate required.
California statutory probate fees come out of the estate before your family inherits a dollar.
Asset values, beneficiary names, and addresses become public. Scammers and identity thieves harvest probate filings to target grieving heirs.
Who you'll work with
Meet Your California Estate Planning Attorneys
An estate plan calls for both courtroom judgment and calm, family-sensitive counsel. The attorneys on this team come from military command, law enforcement and investigation, and crisis counseling. Their backgrounds provide a level of preparation, composure, and strategic thinking that few firms can match.
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Mark C. Smith
Principal Attorney & Founder
Mark leads the firm’s civil disputes practice with big-firm litigation training and courtroom-focused judgment, with 20+ years of military service standing behind every case.
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Nicholas Jacobs
Attorney, Estate Planning
Nick combines investigative rigor, calm communication, and an unwavering client focus, built on 18+ years of public service before he picked up the law.
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Seth Steward
Litigation Attorney
GW Law-trained, Harvard-educated, and trial-tested. More than 30 jury trials and deep courtroom experience to navigate the most complex legal disputes: estate, business, and wrongful death.
As life changes
Amending or Restating an Existing California Trust
A trust should not sit untouched while your family, assets, and California law change around it. We review existing revocable living trusts, including trusts prepared by other firms, and help you decide whether an amendment or full restatement is the cleaner path.
- Family changes
- Marriage, divorce, a new child, a family member passing, or a trustee change.
- Asset changes
- A new home, rental property, business interest, or unfunded asset.
- Outdated documents
- Old trustee names, layered amendments, or terms that no longer match your wishes.
Trust update review
- Trust and amendments
- Successor trustees
- Beneficiary terms
- Real estate funding
- POA and health directives
- Prop 19 issues
- Trust amendment
- Limited changes to specific terms while leaving the rest of the trust intact.
- Trust restatement
- A cleaner rewrite when changes are broad or amendments have stacked up.
Client reviews
What our clients say
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"I met with Nick Jacobs and Mark Smith to discuss my very unusual probate / child support case. I knew it was new territory for them and would be very time consuming as they had to deal with Child Support Services and learn the ins and outs of that agency. I was sure they would turn me away but to my surprise they took the case. During our initial call I explained the difficulties and the issues I had. They immediately started brain storming with me and put together a possible game plan. They were sympathetic and I could see they were clearly upset at the way this case started out for me. Their compassion for my plight was obvious. They genuinely cared and wanted to make things right for me and my kids. The following day I received a fee agreement. I had a few questions about the fees so I reached out to them and we came to a beneficial agreement for all. My life was a bit complicated and I was not as involved as I wanted to be but Nick took the lead and researched and reached out to the necessary people. From start to finish Nick kept me in the loop and at no time did I have to reach out for an update. If I had a question I would get a response the same day or early the next morning, which is not the norm for a law firm. Throughout this process I felt that I was heard, understood and valued as a person and not just a client fee. Once the case was completed I received my final bill and found that many of their working hours were not included in that bill. They absolutely went above and beyond to take care of me. I would highly recommend Corcoran Smith Law Corp. to anyone who needs legal advice. Thank you again to Nick and Mark for your dedication and tenacity and for putting people first.
Jackie Mauro December 2025 · Google
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Corcoran Smith Law provided us with exceptional service. They are professional, efficient, and genuinely care about their clients. I highly recommend their legal services to anyone looking for an honest and dedicated attorney.
Colin Stark June 2026 · Google
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Mark and Nicholas have been extremely professional, knowledgeable, and helpful throughout our legal matters. Mark assisted us with business related matters, while Nicholas guided us through estate planning and setting up our trust. Both took the time to explain everything clearly and led us in the right direction every step of the way. Their expertise, responsiveness, and attention to detail gave us confidence throughout the process. We highly recommend Mark and Nicholas to anyone seeking trustworthy and experienced legal counsel.
Elegant Auto Sales June 2026 · Google
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I highly recommend Nick J. and his team for creating our family trust. Nick was professional, knowledgeable, and easy to work with. He explained everything clearly and made the process simple for us. He took the time to answer all our questions and made sure we felt comfortable with every decision. We’re grateful for his help in setting up a trust that gives us peace of mind for the future. If you need someone you can trust to handle important legal matters, Nick J. is the person to call!
gilberto jose November 2024 · Google
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Nick and Mark were amazing to work with! Nick is such a nice man, and he was extremely knowledgeable and professional. He was passionate about his work, honest and very kind and supportive during my journey in contesting a trust. He communicated his strategies every step of the way and the documents he wrote were a testament to his commitment in helping me. Every T was crossed and every I was dotted. We had a good outcome, but even if we hadn’t, I would have been 100% satisfied with the effort he put into our case. I highly recommend this firm based on their professionalism, knowledge, commitment, honesty, and communication.
Kimberly Brink August 2025 · Google
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My husband and I had an outstanding experience working with Nick Jacobs at Corcoran Smith Law. From our very first meeting, Nick made us feel comfortable and confident in the process of setting up our trust. He was incredibly knowledgeable, patient, and thorough—taking the time to explain every detail and answer all of our questions with clarity and care. Nick truly listened to our goals and concerns and guided us through each step with professionalism and kindness. What could have been a stressful experience was made smooth and seamless thanks to his expertise and calm approach. We are so grateful for his support and highly recommend Nick Jacobs and the entire team at Corcoran Smith Law to anyone in need of a trustworthy and skilled estate or trust attorney.
Crystal Wilson August 2025 · Google
Estate planning services
Estate Planning Services From Corcoran Smith Law Corp.
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Trust Drafting
Establishing, funding, amending, and restating revocable and irrevocable California living trusts.
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Will Drafting
Drafting and updating California wills, including pour-over wills that work alongside a living trust.
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Powers of Attorney & Health Directives
Financial powers of attorney and advance health care directives. Durable and springing options, with clear agent duties.
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Trust Administration
Trustee duties, trust funding, beneficiary notifications, accountings, and distributions, handled end to end.
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Probate Administration
Guiding executors and administrators through California estate administration: petitions, inventory, creditor claims, and distribution.
Free roadmap
Download Your California Estate Planning Roadmap
Estate planning is easier when you can see the pieces before the first conversation. Our free roadmap explains the core documents in a California estate plan, what each one does, and how they work together to protect your family, assets, and wishes.
Use it to prepare questions, identify gaps in an existing plan, or decide what you want to accomplish before meeting with an attorney.
Frequently asked
Frequently Asked Questions About California Estate Planning
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Do I need a living trust in California?
While not legally required, a revocable living trust is one of the most effective tools for California families. Without a trust, your estate may go through California's probate process, which can take 12 to 18 months and cost thousands in court fees. A living trust allows your assets to transfer directly to your beneficiaries, avoiding probate entirely. At Corcoran Smith Law, we design trusts tailored to your family's unique circumstances, real estate holdings, and long-term goals.
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What is the difference between a will and a trust in California?
A will is a legal document that directs how your assets are distributed after you pass away, but it must go through probate. A trust, on the other hand, holds your assets during your lifetime and transfers them upon your passing without probate. In California, where real estate values are often high, trusts can save families significant time and money. Many of our clients use both documents together for comprehensive protection.
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How much does estate planning cost in California?
The cost of estate planning depends on the complexity of your estate. A basic will or trust package may be more affordable than you expect, especially when you consider the potential cost of probate, which in California can exceed tens of thousands of dollars. Corcoran Smith Law offers flexible fee arrangements and transparent pricing. Call (415) 275-1492 for a free consultation to discuss your needs and receive a clear estimate.
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When should I update my estate plan?
You should review and update your estate plan after any major life event, including marriage, divorce, the birth of a child, a significant change in assets, or the death of a beneficiary or trustee. California law may also change in ways that affect your plan. We recommend reviewing your estate plan at least every three to five years to ensure it still reflects your wishes and complies with current law.
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What happens if I die without an estate plan in California?
If you pass away without a will or trust in California, your assets will be distributed according to California's intestacy laws. This means a court will decide who receives your property, which may not align with your wishes. The probate process for intestate estates is often lengthy and expensive. Creating an estate plan ensures your loved ones are protected and your legacy is preserved.
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Can Corcoran Smith Law help with estate planning for blended families?
Yes. Blended families face unique estate planning challenges, including ensuring that both biological and stepchildren are provided for, protecting a surviving spouse's interests, and preventing disputes between family members. We work closely with blended families across California to create customized estate plans that address these complexities using trusts, beneficiary designations, and other legal tools.
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What does an estate plan ask of me?
Creating an estate plan takes an investment of time and professional fees, and the process involves legal formalities that require careful attention. It can also feel emotionally weighty: thinking through what happens after you're gone, and having honest conversations with family about your wishes, takes real courage. That said, the people who benefit most from a solid estate plan are the people you love most. Done right, it's one of the most thoughtful things you can leave them.
When an estate is contested
Trust, estate & inheritance disputes
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Inheritance Disputes
Trust and estate litigation for heirs and beneficiaries. Contested wills, fiduciary misconduct, and trustee accountings.
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Trust & Estate Litigation
Trust contests, trustee removal, breach of fiduciary duty, surcharge, and trust reformation.
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Contested Probate
Will contests on grounds of capacity, undue influence, fraud, or improper execution.
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Civil Litigation
Trust and estate litigation, commercial and contract disputes, business torts, and real-property litigation.
Ready to talk?
Build an estate plan your family can rely on.
Book a free consultation. We’ll talk through your family, assets, and goals, then explain the estate planning documents that can protect your wishes under California law.
Book a free consultation