How to Make a Will in California

You can make a will in California by yourself or with the assistance of a Lawyer. A Will is important as it provides for all your loved ones who would be financially affected by your death and helps reduce any fighting amongst your beneficiaries in the event of your death. You should also have a will as it informs your beneficiaries of your wishes regarding what happens to your assets upon death.

What are the Steps to Create a Will in California?

The following are the Steps to Create a Will in California; –

1. Determine Your Assets.

You should have a summary of all your Assets to ensure you don’t leave out any unaccounted-for assets once you start distributing the estate to your beneficiaries.

2. Choose Beneficiaries.

You should choose your beneficiaries as the people who will be financially affected in the event of your death. This should be done in advance so as not to leave out any beneficiary from inheritance.

3. Appoint an Executor.

Appointing an executor is an integral step in making a will as the person who will administer your estate per the wishes contained in your will. You should choose someone capable and trustworthy.

4. Select Guardians for Minor Children.

You should select a Guardian for Minor Children who is responsible for caring for and providing for them in your absence.

5. Draft the Will.

You should draft the Will, either yourself or with the assistance of a Lawyer, clearly stating who gets your assets per your wishes and following the applicable laws to ensure the Will is valid.

6. Sign the Will.

The Will should be signed by you and in the presence of two competent witnesses who shall append their signature.

7. Notarize the Will (Optional).

You do not need to have your will notarized to make it valid. When you wish to have the Will notarized, you can sign a special affidavit before a notary accompanying the Will.

8. Store the Will Safely.

You should store your will in a safe place so that it will not be destroyed or get lost. A water and fireproof safe in an ideal place to store your will. You should make sure the will is accessible once you pass away.

9. Review and Update Regularly.

You should review and Update your Will every three to five years or after a significant life event, such as death in the family, birth of a child, marriage, or divorce.

What Happens if I Don’t Have a Will?

When you don’t have a Will and pass away, you will be deemed to have died intestate, and your estate shall be passed to your heirs according to the California Laws of intestate Succession.

What are the Requirements for Writing a last will and testament in California?

There are several requirements for Writing a last Will and Testament in California and our legal professionals at LegalPen are ready to assist you. The requirements are; –

1. Legal Age.

You must be 18 years or older to be able to write a will.

2. Sound Mind.

You should be of Sound mind to write a will, which is the capability to understand the nature of the testamentary act.

3. Written Document.

The will should be done in writing or typed or printed in person.

4. Clear intent.

You should have clear and specific language in your will to ensure everything is clear.

5. Signatures.

You should sign the Will to validate the content in the Will.

6. Witnesses.

You need at least two witnesses who are not interested in the Will to witness it.

7. Proper Formatting.

The will should be done in the proper format applicable to California probate court.

8. No Undue Influence.

You should not be forced to make a Will or a bequest to a specific person. The bequest should be made out of your own free will and desire.

9. Compliance with State Laws.

The will should be compliant with California’s probate laws.

10. Revocation Clauses (if applicable).

The revocation clause is essential as it appears at the beginning of revoking any previous will created.

How do I sign My California Will?

You should sign your California Will in front of two non-interested witnesses. The witnesses should sign the will to prove that they saw you signing the Will. They do not need to know the content of the will. 

Should My Will Name an Executor?

Yes, your Will should name an Executor who shall ensure that your last wishes are carried out and the estate is settled. The executor should be someone you trust and would go at any length to have your wishes complied with.

How do you Revoke or change your will in California?

You can revoke your Will in California by writing a New will that invalidates the previous will. You can change your Will by making a codicil, a document attached to the original will that acts as an amendment to specific provisions in the Will and follows the same formalities as a will.

Can I Revoke or Change My Will in California?

Yes, you can revoke or change your Will in California by making a new will and making new bequests or by attaching a codicil, an amendment to the will, and reading it together with the will.

Can I Make a Digital or Electronic Will in California?

No, California does not recognize a Digital-only or Electronic-only will. You must have it printed, signed, and witnessed for it to be valid. Legal professionals from LegalPen are ready to assist in making the will for it to be valid.

What are the California will executor requirements?

It is essential to appoint an executor for your will as it is their primary job to protect your assets and distribute them to your beneficiaries; the following are the executor requirements; –

1. Legal Age.

The executor must be at least 18 years old.

2. Sound Mind.

The executor must be of sound mind and is not deemed incapacitated by the Court.

3. Not a Convicted Felon.

California does not bar naming a convicted felon as an executor. However, a person whose felony intentionally killed a deceased is barred from serving as his executor.

4. No Conflicts of Interest.

You should not have any conflicting interest with the deceased who appointed you as an executor of his will.

5. Willingness to Serve.

As an executor, you should be willing to serve. You will be in charge of the deceased’s property, handling the debts and liabilities, and distributing the property to the beneficiaries.

6. Residency (Optional)

It is easier to appoint an executor who lives near you as they may have to deal with day-to-day matters for weeks or months.

7. Bond Requirements (if necessary)

The executor is not a resident of California. They might be required to post a bond with the Court.

8. Compliance with Fiduciary Duties

As an executor, you must carry out your duties faithfully.

Do all Wills in California have to go through probate?

Yes, all Wills in California must go through probate, which is a specialized process through which a Will is presented in Court to determine its existence and Validity, identify the deceased’s heirs and beneficiaries, assess the property’s value, and manage the deceased’s financial obligations.

Is California a community property estate?

Yes, California is a community property estate, which means that property acquired in marriage by either spouse is presumed to be owned equally by each spouse.

How is California intestate Succession done?

Where there are no other living family members, the spouse receives the entirety of the estate. When no surviving parents exist, the estate is distributed equally to the surviving children. When there are no surviving spouses, parents, children, grandchildren, or siblings, the estate shall be passed to the next of kin.

How is Estate and inheritance tax in California done?

There is no inheritance tax in California.

Who can witness a Will in California?

In California, any generally competent person can be a witness. The Witness should not be a beneficiary named in the will.

Can a Handwritten Will Be Valid in California?

Yes, a handwritten will can be valid in California by being entirely written and signed by you.

What are the Differences Between a Simple Will and a Joint Will in California?

What Happens to a Will After Death in California?

After death in California, the custodian of the will must take the will to the probate court within 30 days of the person’s death. The court will thereafter appoint the executor to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries in accordance with the provisions of the will.

What is the Impact of Marriage and Divorce on Your California Will?

A marriage automatically invalidates any pre-existing will unless the will expressly provides for a spouse or indicates the spouse will not inherit. A finalized divorce revokes the apportionment of property to the former spouse that was bequeathed. At the same time, the couple is still married unless there is clear evidence that the testator wants to retain the bequest.