Last Will and Testament in California

A Last Will and Testament, commonly known as a "Will," is a fundamental estate planning document. It allows you to legally declare how you want your property and assets distributed after your death. It also serves as the primary document to nominate guardians for any minor children you may have.

This page provides general information about Wills in California. **It is not legal advice.** Creating a legally valid and effective Will requires understanding specific legal requirements. Consulting with a qualified California estate planning attorney is essential to ensure your Will accurately reflects your wishes and meets all legal standards.

What Does a Will Do?

A properly executed Will allows you to:

• Distribute Property: Specify who inherits your assets (real estate, accounts, belongings).
• Name an Executor: Appoint someone to manage your estate, pay debts, and distribute assets.
• Nominate Guardians: State your preference for who should raise minor children.
• Create Testamentary Trusts: Establish trusts within the Will (often still subject to probate).

What a Will Typically Doesn't Do

It's important to understand the limitations of a Will:

• Does Not Avoid Probate: Assets passed via Will generally go through probate court.
• Does Not Control All Assets: Assets with beneficiary designations (life insurance, retirement) or joint tenancy usually bypass the Will.
• Does Not Plan for Incapacity: Only takes effect at death; doesn't cover lifetime management if incapacitated.

Requirements for a Valid California Will

To be legally valid in California, a formal Will generally must be:

1. In writing.
2. Signed by the testator (person making the Will).
3. Signed by two disinterested witnesses, present at the same time, witnessing the signing or acknowledgment.

Holographic (handwritten) Wills have different requirements. Using an attorney helps ensure formalities are met.