Last Will and Testament California - Protect Your Family's Future

Create your California will online in 20 minutes. Licensed attorney-reviewed documents starting at $150. Name guardians for children, distribute assets, appoint executor.

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What is a Last Will and Testament in California?

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.

Why You Need a Will in California

✓ Name Guardians for 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.

✓ Control Asset Distribution

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.

✓ Choose Your Executor

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.

✓ Reduce Family Conflict

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.

✓ Affordable Estate Planning

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.

✓ Include in Trust Package

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.

What's Included in Your California Will Package

Last Will and Testament

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.

Durable Power of Attorney

Authorizes someone to handle your finances if you become incapacitated. Essential for avoiding conservatorship. Covers banking, real estate, taxes, and other financial matters.

Advance Health Care Directive

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.

HIPAA Authorization

Allows designated persons to access your medical records. Essential for your healthcare agent to make informed decisions on your behalf.

Should I Get a Will or a Living Trust?

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

Our Recommendation:

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.

California Will Requirements

To be legally valid in California, your will must meet these requirements:

1. You Must Be 18 or Older

California law requires you to be at least 18 years old and of sound mind to create a valid will.

2. Will Must Be in Writing

California recognizes typed or computer-printed wills. Oral (verbal) wills are not valid except in very limited circumstances.

3. You Must Sign the Will

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.

4. Two Witnesses Must Sign

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.

5. No Notarization Required (But Recommended)

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.

Common Will Mistakes to Avoid in California

Don't make these costly errors that could invalidate your will or create problems:

✗ Using Beneficiaries as Witnesses

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.

✗ Not Naming Guardian for Minor Children

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.

✗ Leaving Everything Outright to Minor Children

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.

✗ Not Updating After Major Life Events

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.

✗ Assuming a Will Avoids Probate

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.

✗ Not Coordinating with Beneficiary Designations

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.

✗ Failing to Name Alternate Beneficiaries and Executors

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.

Frequently Asked Questions - California Wills

Do I need a lawyer to make a will in California?

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).

What happens if I die without a will in California?

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.

Can I write my own will by hand?

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.

How much does probate cost in California?

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.

Can I change my will after I create it?

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.

Where should I keep my will?

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.

What if I own property in multiple states?

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.

Can I disinherit my spouse in California?

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.

Can I disinherit my children?

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]."

What happens to digital assets and online accounts?

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.

Do married couples need separate wills?

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).

What's a self-proving affidavit and do I need one?

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.

When You Should Update Your California Will

Life changes require will updates. Review and update your will when:

Marriage or Divorce

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.

Birth or Adoption of Children

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.

Death of Beneficiary, Executor, or Guardian

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.

Significant Changes in Assets

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.

Move to or from California

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.

Your Estate Grows Beyond $184,500

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.

Protect Your Family Today

Create your California will in 20 minutes. Attorney-reviewed. Name guardians for children. Starting at $150.

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✓ Attorney-Reviewed ✓ 25+ Years Experience ✓ California State Bar #208356