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Pick your state and type the value of what would go through probate. See the lawyer and executor fees your state's law sets, and compare them with a living trust quote. Then learn how revocable, irrevocable and special needs trusts work. Education only, not legal advice.
| Example | Lawyer + executor | Total |
|---|---|---|
| California, $500,000 (the default) | $13,000 + $13,000 | $26,000 |
| California, $1,000,000 | $23,000 + $23,000 | $46,000 |
| Florida, $500,000 | $15,000 + $15,000 | $30,000 |
| Florida, $1,000,000 | $30,000 + $30,000 | $60,000 |
| Missouri, $500,000 (minimum fees) | $14,050 + $14,050 | $28,100 |
| Another state, $400,000 at a 3% quote | One quoted fee | $12,000 |
Hand check, row 1 (California): 4% of the first $100,000 is $4,000; 3% of the next $100,000 is $3,000; 2% of the remaining $300,000 is $6,000. $4,000 + $3,000 + $6,000 = $13,000 for the executor, and the lawyer's schedule is the same, so $26,000 in all (Cal. Prob. Code 10800, Cal. Prob. Code 10810).
Hand check, row 4 (Florida, $1,000,000): the executor gets 3% of the first $1,000,000 = $30,000. The lawyer gets $3,000 for the first $100,000 plus 3% of the next $900,000 ($27,000) = $30,000. Total $60,000 (Fla. Stat. 733.617, Fla. Stat. 733.6171).
| Question | Will | Revocable living trust |
|---|---|---|
| Goes through probate court? | Yes, for property in your name alone | No, for property moved into the trust (California Courts) |
| Must you move property into it? | No | Yes. A living trust only controls what you retitle to it (CFPB) |
| Helps if you can't manage money? | No. A will takes effect only at death (SSA POMS SI 01120.200) | Yes. The trustee or successor trustee steps in (CFPB) |
| Can you change it? | Yes, while you're able | Yes. Revocable means you can take it back (SSA POMS SI 01120.200) |
| Counts as yours for Medicaid and SSI? | Yes, while you own it | Yes. It doesn't shelter money from these programs (42 U.S.C. 1396p, SSA POMS SI 01120.200) |
California's courts say the fastest probate there is typically 9 months (California Courts). Creditors alone get 4 months after the executor is appointed in California (Cal. Prob. Code 9100), 3 months after the first notice in Florida (Fla. Stat. 733.702) and 6 months in Missouri (Mo. Rev. Stat. 473.360).
California has a simpler process for small estates: personal property up to $208,850 (deaths from Apr. 1, 2025) can pass without full probate. Property with a named beneficiary or a co-owner on the title can also skip it (California Courts).
You (the grantor) set it up. The trustee manages what's in it, and a successor trustee takes over if you can't. Beneficiaries receive it. You can name yourself trustee while you're able (CFPB).
You generally can't take back what you put in an irrevocable trust. Medicaid still counts any part that could be paid to you, and money moved into a trust can bring a penalty under the 60-month look-back for long-term care (42 U.S.C. 1396p).
An ABLE account is a savings account for a person whose disability began before age 46 (before 26 until 2026). SSI ignores the first $100,000 in it (SSA POMS SI 01130.740). It can work alongside a special needs trust.
This tool has the fee schedules written into California, Florida and Missouri law (Cal. Prob. Code 10800, Fla. Stat. 733.617, Mo. Rev. Stat. 473.153). For another state, ask two or three local probate lawyers for a quote and type it under More options.
A person can't get SSI with more than $2,000 in countable resources ($3,000 for a couple) (SSA POMS SI 01110.003). Leaving money directly to a disabled family member can push them over. A special needs trust (also called a supplemental needs trust) holds the money and pays for extra needs instead (SSA POMS SI 01120.200). The federal rules for trusts holding the person's own money are in 42 U.S.C. 1396p(d)(4).
Since Dec. 13, 2016, a disabled person can set up their own first-party trust; before that it had to be a parent, grandparent, guardian or court (SSA POMS SI 01120.203). States run Medicaid, so ask your state's Medicaid office or a special needs lawyer how your state applies these rules.
Education only, not legal advice. We show what state laws and federal benefit rules say and do math on the numbers you type; we don't tell you which document to sign. Laws change and every family is different, so talk with a licensed attorney in your state before you act. Nothing you type is sent or saved by us. No company pays to be on this page, and there are no partner links.
It depends on your family and property. A funded living trust skips probate for what's in it and lets a successor trustee step in if you can't manage money. A will is simpler to set up but goes through probate. Ask a lawyer in your state.
In California the law sets ordinary fees: on a $500,000 estate, $13,000 for the lawyer and $13,000 for the executor. Florida's presumed-reasonable fees on $500,000 are $15,000 each; Missouri's minimums are $14,050 each.
No. Federal Medicaid law counts everything in a revocable trust as yours (42 U.S.C. 1396p(d)(3)), and SSI usually does too.
A trust that holds money for a disabled person and pays for extra needs, so the money doesn't count against the $2,000 SSI limit. Trusts with the person's own money must be set up before 65 (or be a nonprofit pooled trust) and pay Medicaid back at death.
Education only, not legal or tax advice. Laws and benefit rules come from state statutes, courts and federal agencies with dates; talk with a licensed attorney in your state before you act.
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