San Diego County is home to one of the largest military communities in the world. With tens of thousands of active-duty service members and military families living and working here, estate planning is not an abstract or “later in life” concern, it is a practical necessity.
For military members, proper estate planning is about protecting family, maintaining control, and ensuring peace of mind in the face of uncertainty.
San Diego’s Unique Military Presence
As of 2026, San Diego County is home to approximately 110,000–120,000 active-duty service members and more than 118,000 military family members, including roughly 60,000 children. Military members and their families make up nearly 10% of the local workforce, underscoring their deep integration into the region.
The military footprint here is driven primarily by the U.S. Navy and Marine Corps, with major installations including Naval Base San Diego, MCAS Miramar, and Camp Pendleton. Together, these bases account for a significant share of Navy and Marine Corps personnel worldwide. Because many service members are stationed in San Diego temporarily and may relocate frequently, having an estate plan properly tailored to California law is especially important.
Why Estate Planning Matters for Military Members
A common misconception is that estate planning is only for older individuals or those with significant wealth. In reality, estate planning is about planning for life, not just death.
A well-designed estate plan allows you to:
- Choose who manages your finances if you’re unavailable or incapacitated
- Appoint someone to make medical decisions on your behalf
- Nominate guardians for your children
- Decide who receives your assets and how
- Minimize court involvement and protect your family’s privacy
Military service creates additional urgency. Service members often face heightened risk, extended deployments, and sudden relocations. When the unexpected happens, having a legally valid estate plan ensures your wishes are followed, rather than leaving critical decisions to default state rules.
What Happens If You Die Without an Estate Plan in California?
When a person dies without a will or trust in California, they are considered to have died “intestate.” In that case, California law, not the individual, determines how assets are distributed.
Intestate estates typically must go through probate court. A judge appoints an administrator and distributes assets under California Probate Code sections 6400–6455. These rules follow a rigid family hierarchy and do not take into account personal wishes, strained relationships, or modern family structures. Probate can be time-consuming, expensive, and emotionally difficult for surviving loved ones.
Under intestacy laws:
- A spouse or registered domestic partner may inherit part or all of the estate, depending on circumstances
- Assets may pass to children, parents, siblings, or more distant relatives
- Unmarried partners, close friends, stepchildren (not legally adopted), and charities receive nothing
In rare cases, estates with no legal heirs can even pass to the State of California. Dying without a plan means giving up control over who inherits, who manages your affairs, and how quickly your family can move forward.
Key Estate Planning Tools for Service Members
California law provides several estate planning tools particularly valuable for military members, including wills, revocable living trusts, powers of attorney, and advance health care directives.
Advance Health Care Directives
An advance health care directive allows you to appoint someone you trust to make medical decisions on your behalf and to outline your wishes regarding medical treatment and end-of-life care. For service members, this document can eliminate confusion, prevent family conflict, and ensure timely care when decisions matter most.
Powers of Attorney
A durable financial power of attorney authorizes a trusted agent to manage banking, housing, taxes, and other financial matters during deployment or incapacity. Without it, family members may be forced to seek court approval simply to handle routine affairs.
Wills and Trusts
For service members with minor children, estate planning is essential. A properly drafted will or trust allows you to nominate guardians, set aside funds for your children’s care and education, and provide guidance to the court.
Many military families also benefit from revocable living trusts, which can help avoid California probate altogether. Trusts offer privacy, flexibility, and continuity, especially when family members live across different states or countries. They can also be used to distribute life insurance proceeds, including Servicemembers’ Group Life Insurance, in a structured and responsible manner.
Estate Planning Through the Military: Pros and Limitations
Active-duty service members often have access to estate planning assistance through military legal offices, such as JAG. These services frequently provide basic wills, powers of attorney, and health care directives at no cost, making them a helpful option for straightforward or short-term needs.
However, military legal assistance is generally limited. Complex family situations, California real estate planning, tax-sensitive strategies, special needs planning, and long-term probate avoidance typically fall outside the scope of these services. Access may also end once a service member separates from the military.
Why Work With a California Estate Planning Attorney?
For many service members, working with a civilian estate planning attorney licensed in California provides a more comprehensive and lasting solution. A civilian attorney can tailor an estate plan to California’s community property laws, local probate procedures, and civilian assets such as real estate, businesses, and retirement accounts.
Just as importantly, a civilian estate plan provides continuity. Your attorney-client relationship and estate plan remain in place regardless of deployments or duty station changes. For military families facing unique risks and cross-jurisdictional challenges, a thoughtfully prepared California estate plan offers clarity, protection, and peace of mind.
Disclaimer
The information in this post is considered attorney advertising under applicable California law. The contents of this post are for informational purposes only and do not constitute legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this website constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.
