Create your California will online in 20 minutes. Licensed attorney-reviewed documents starting at $150. Name guardians for children, distribute assets, appoint executor.
A last will and testament is a legal document that specifies how you want your assets distributed after your death and who should care for your minor children. In California, a properly executed will must be written, signed by you, and witnessed by two individuals who are not beneficiaries.
Your will names an executor (personal representative) who will handle your estate through the probate process, pay your debts and taxes, and distribute your assets to your beneficiaries according to your wishes.
For parents with minor children, a will is essential because it's the only legal document where you can name guardians to care for your children if something happens to you. Without a will, the court decides who raises your children.
If you have minor children, a will is the ONLY way to legally designate who should raise them if you pass away. Without a will, the court decides—and they may not choose the person you would want. This alone makes a will essential for every parent.
Without a will, California's intestate succession laws determine who inherits—and it may not be who you want. Your will ensures your belongings, bank accounts, and other assets go to the people you choose, not what the state decides.
Your executor handles your estate through probate—paying bills, managing assets, distributing property. You want someone responsible and trustworthy. Without a will, the court appoints someone who may not be your first choice.
Clear instructions prevent disputes among family members. When you specify who gets what, you eliminate ambiguity and reduce the chance of costly legal battles between your loved ones.
For simple estates or young families just starting out, a will provides basic protection at minimal cost. Our attorney-reviewed will costs $150 for individuals or $250 for couples—far less than traditional attorney fees.
Even if you have a living trust, you need a "pour-over will" as backup. Our trust packages include this automatically. The will catches any assets not transferred to your trust and "pours" them into the trust after death.
Complete will customized for California law. Specify beneficiaries, name executor, distribute assets, and name guardians for minor children. Legally valid when properly signed and witnessed.
Authorizes someone to handle your finances if you become incapacitated. Essential for avoiding conservatorship. Covers banking, real estate, taxes, and other financial matters.
Specifies your medical wishes and names someone to make healthcare decisions if you can't communicate. Includes living will provisions and healthcare power of attorney.
Allows designated persons to access your medical records. Essential for your healthcare agent to make informed decisions on your behalf.
The right choice depends on your situation and assets
| Consider | Will | Living Trust |
|---|---|---|
| Best For | Simple estates, young families, modest assets | Homeowners, estates over $184,500 |
| Cost | $150-$250 | $400-$500 |
| Avoids Probate | ✗ No | ✓ Yes |
| Name Guardians | ✓ Yes | Needs pour-over will |
| Probate Required | Yes (18-24 months) | No |
| Privacy | Public record | Private |
| Incapacity Planning | Needs separate POA | Built-in |
If you own a home or have assets over $184,500: Get a living trust ($400-$500) to avoid probate.
If you're just starting out with modest assets: Start with a will ($150-$250), then upgrade to a trust when your estate grows.
If you have minor children: You need a will (or pour-over will with trust) to name guardians.
To be legally valid in California, your will must meet these requirements:
California law requires you to be at least 18 years old and of sound mind to create a valid will.
California recognizes typed or computer-printed wills. Oral (verbal) wills are not valid except in very limited circumstances.
You must sign your will personally. If you're physically unable to sign, you can direct someone else to sign for you in your presence.
Two people must witness you signing your will and then sign it themselves. Witnesses should not be beneficiaries in your will. Both witnesses must be present at the same time when you sign.
California doesn't require wills to be notarized. However, a "self-proving affidavit" signed before a notary can speed up probate. Our service includes this affidavit.
Don't make these costly errors that could invalidate your will or create problems:
California law allows beneficiaries to witness wills, but their inheritance may be voided or limited. Always use disinterested witnesses—people who don't inherit under your will. This protects your beneficiaries and prevents challenges.
Many parents create wills but forget to name guardians for their children, assuming "everyone knows" who would take the kids. If you don't designate guardians, the court decides—and they may not choose who you want. Always name primary and alternate guardians.
If you leave assets directly to children under 18, the court requires a conservatorship to manage the money until they turn 18. Create a testamentary trust in your will to hold assets until children reach a more mature age (21, 25, or 30). Our wills include this option.
Marriage, divorce, births, deaths, or major asset changes should trigger will updates. An outdated will may distribute assets to ex-spouses, leave out new children, or name executors who've died. Review your will every 3-5 years and after any major life change.
Many people think creating a will avoids probate. It doesn't. A will MUST go through probate (18-24 months, 4-6% in fees). Only a living trust, joint ownership, or beneficiary designations avoid probate. If you own a home, consider a trust instead.
Retirement accounts, life insurance, and bank account beneficiary designations override your will. If your will says "everything to my children" but your 401(k) names your ex-spouse, your ex gets the 401(k). Review and update all beneficiary designations to match your will.
If your primary beneficiary or executor dies before you or can't serve, you need backups. Always name alternate beneficiaries (at least 2 levels) and 2-3 successor executors. Otherwise, California intestate laws or court appointment take over.
No. California law allows you to create your own will without an attorney. However, attorney review is highly recommended to ensure it's legally valid. Our service includes review by licensed California attorney Rozsa Gyene (State Bar #208356).
You die "intestate," and California's intestate succession laws determine who inherits. Generally: if married, your spouse gets everything if you have no children/parents. If you have children, your spouse gets 1/3 to 1/2, children get the rest. Without a will, the court also decides who raises your minor children.
Yes. California recognizes "holographic wills"—entirely handwritten and signed by you, with no witnesses required. However, they're more likely to be challenged in court. A typed, witnessed will is more reliable.
For a $500,000 estate: ~$27,000 in attorney and executor fees plus court costs. For $1 million: ~$47,500. Probate takes 18-24 months. This is why homeowners should consider a living trust instead of just a will.
Yes. You can modify your will anytime by creating a "codicil" (amendment) or by creating a new will that revokes the old one. Major life events (marriage, divorce, birth of children) should trigger a will update.
Keep the original in a safe, accessible place. Tell your executor where it is. Options: fireproof safe at home, safe deposit box (make sure executor can access it), or with your attorney. Give copies to your executor and family.
Your California will is valid nationwide. However, real estate in other states will require probate proceedings in those states. A living trust avoids this problem—consider upgrading if you own out-of-state property.
Not completely. California is a community property state. Your spouse is entitled to their half of community property regardless of your will. You can only give away your half and your separate property.
Yes. Unlike with spouses, you can disinherit children in California. However, you must do so explicitly in your will. Simply leaving them out isn't enough—the court may assume you forgot. State clearly: "I intentionally make no provision for [name]."
California's Revised Uniform Fiduciary Access to Digital Assets Act allows executors to access your digital assets if authorized in your will. Our wills include provisions granting your executor authority over email, social media, cryptocurrency, online accounts, and digital files.
Yes. California doesn't recognize joint wills. Each spouse needs their own will. Our couples package ($250) includes separate wills for both spouses plus all supporting documents (POA, healthcare directive, HIPAA authorization for both).
A self-proving affidavit is a notarized statement from you and your witnesses that the will was properly executed. During probate, this eliminates the need to locate witnesses and have them testify. It speeds up probate significantly. Our wills include this affidavit—highly recommended.
Life changes require will updates. Review and update your will when:
In California, divorce automatically revokes provisions for your ex-spouse, but it's better to execute a new will. Marriage doesn't revoke your will but may entitle your new spouse to a share regardless of will provisions. Update your will immediately after marriage or divorce.
Add new children to your will and update guardian designations. California law protects children born after will execution ("pretermitted heirs"), but it's cleaner to update your will to include them explicitly and specify their inheritance.
If someone named in your will dies, update immediately. While alternate beneficiaries and successors help, an updated will prevents confusion and ensures your current wishes are clear.
Major wealth increases (inheritance, business sale, property appreciation) may warrant different distribution strategies or creation of trusts for beneficiaries. Conversely, asset decreases may require updating specific bequests that are no longer feasible.
California recognizes out-of-state wills if valid where executed. However, California's community property laws and probate procedures differ significantly. If you move to California, have your will reviewed by a California attorney to ensure it works as intended.
If your assets exceed $184,500 (especially if you buy a home), consider upgrading from a will to a living trust. A will guarantees probate (18-24 months, thousands in fees). A trust avoids all of that. We can help you upgrade—call (818) 291-6217.
Create your California will in 20 minutes. Attorney-reviewed. Name guardians for children. Starting at $150.
✓ Attorney-Reviewed ✓ 25+ Years Experience ✓ California State Bar #208356