Your Mid-Year Estate Plan Check-Up (California)

Written by H. Rey Gervacio, Ph.D. — California Estate Planning Attorney and State Bar–Certified Specialist in Estate Planning, Trust & Probate Law. Reviewed by Gerald Smith, Esq., Litigation Attorney. Updated July 2026.

Why a mid-year estate plan check-up matters

An estate plan is not a “set it and forget it” document. The plan you signed a few years ago reflects the life you had then — your accounts, your family, and the law as it stood at the time. Life moves on, however, and a plan that is even slightly out of date can create delays, added cost, or results you never intended.

So July 1 makes a natural checkpoint, because half the year is already gone. A short estate plan check-up now can surface small gaps while they are still easy to fix. In fact, this is the same checklist our California families use, and most of it takes only a few minutes.

1. Are your beneficiary designations current?

A good estate plan check-up starts right here. Retirement accounts, life insurance, and payable-on-death accounts pass directly to the person named on the beneficiary form. Generally, these designations override what your will or trust says. As a result, an outdated form can quietly undo the rest of your plan.

So take a few minutes and run through this short list:

• First, pull up each retirement account, life insurance policy, and POD or TOD account.
• Next, confirm the named primary and contingent beneficiaries are who you intend today.
• Finally, watch for ex-spouses, deceased relatives, or “my estate” listed by default.

2. Is your living trust actually funded?

Here is a common and costly surprise. A signed living trust only controls the assets that you have actually transferred into it. So if you never re-titled your home or key accounts in the trust’s name, your family may still face California probate — even though you did everything right on paper.

Because funding is what makes a trust work, take a moment to check the following:

• First, look at the title or deed on your home. Is it held in the name of your trust?
• Then confirm your bank and investment accounts are titled to the trust where appropriate.
• Also keep a current schedule of assets, so nothing slips through the cracks.

In short, funding a trust correctly is what helps it work the way you intended. If you are unsure whether your home is in your trust, then that is worth confirming now.

3. Is your trustee or executor still the right person?

You chose your successor trustee, executor, and agents for the life you had when you signed. Yet relationships, health, and locations all change over time. So it is worth asking whether each person is still able and willing to serve.

Run through these quick questions:

• First, is your named successor trustee still someone you fully trust for this role?
• Next, have you named at least one backup, in case your first choice cannot serve?
• Also, does that person know where your documents are and who to call?

4. Do you have a durable power of attorney and health care directive?

A trust handles your assets. However, it does not speak for you during a medical or financial emergency while you are alive. A durable power of attorney for finances and an advance health care directive let someone you choose step in. As a result, your family can often avoid a stressful court process.

Your estate plan check-up is not complete without them, so confirm these three documents:

• First, make sure you have a current durable power of attorney for finances.
• Then confirm you have an advance health care directive that names an agent.
• Finally, tell your named agents that you chose them.

5. Have you had major life changes this year?

Big life events are the most common reason a plan falls out of date, so your estate plan check-up should account for them. If any of these happened this year — to you or to someone named in your plan — then a review is a good idea:

• Marriage, divorce, or remarriage, including blended-family situations.
• A birth or adoption, and whether you have named a guardian for minor children.
• A death in the family, especially of someone named in your documents.
• A major purchase or sale, such as a home or a business.
• A move into or out of California.

6. Is your plan current with 2026 California law?

Estate, tax, and trust rules can shift over time. So a choice that was sound a few years ago may have better options today. Fortunately, you do not need to track every change yourself, because that is exactly what a periodic review with an estate planning attorney is for. The goal is simply to make sure your documents still reflect both your wishes and the current rules.

For background, the California Courts self-help center also explains how wills, trusts, and probate work statewide. Therefore, if it has been more than a year since your last review, then consider one now. In short, a mid-year estate plan check-up is one of the easiest ways to keep everything on track.

Frequently asked questions

How often should I review my California estate plan?

A good rule of thumb is at least once a year, plus any time you have a major life change such as a marriage, divorce, birth, death in the family, or a significant purchase or sale.

What does it mean to “fund” a trust?

Funding a trust means transferring ownership of your assets, such as your home and certain accounts, into the name of the trust. A signed trust only controls the assets that you have actually transferred into it.

Do beneficiary designations override my will or trust?

Generally, yes. Assets like retirement accounts and life insurance pass directly to the person named on the beneficiary form, which usually takes priority over what your will or trust says.

What happens if my named trustee can no longer serve?

If you named a successor trustee, that person can step in. If no able successor is named, the court may need to appoint someone, which is part of why naming backups is helpful.

Do I still need a power of attorney if I have a living trust?

Usually yes. A trust manages trust assets, but a durable power of attorney and an advance health care directive cover financial and medical decisions for you personally if you become unable to act.

Is a mid-year review necessary if nothing has changed?

A quick check is still worthwhile. Beneficiary forms, account titles, and the law can change even when your personal life feels the same, so a short estate plan check-up helps catch gaps early.

This article is for general educational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. For guidance on your specific situation, please speak with a qualified estate planning attorney.