Why Should I Prepare a Will if I live in California?
A last will and testament (usually called a “will”) can help protect your property for your family.
“Why Should I Prepare a Will if I live in California?” We get this question all the time.
A Will is used for the following reasons:
1. To leave your property to the people (or organizations) that you want to have your assets after you are gone.
2. Name a trusted person to manage property left to minor children
3. Name a personal guardian to care for your minor children, and
4. Name an executor, the person entrusted with carrying out the terms of your will.
What Happens if You Do not Have a Will?
Should you die without a will, state “intestacy” laws will dictate how your property will be distributed.
California’s intestacy law gives your property to your closest relatives, beginning with your spouse and children. In the absence of a spouse or children, your grandchildren or your parents will get your property. This list from the Table of Consanguinity continues with more distant relatives, including siblings, grandparents, aunts and uncles, cousins, and your spouse’s relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. This is called Escheat to the State.
Do I Need a Lawyer to Make a Will?
No, it is not required by law. You can make your own will in California.
Even through it is not required you will likely want to consult a lawyer. If what is in your will might be contested or if you want to disinherit your spouse, you should talk with a lawyer.
What Are the Requirements for Signing a Will in California?
To finalize your will in California, you are required to:
- Sign your will in front of two witnesses.
- Have your witnesses sign your will at the same time as each other — when they witness your signing your will. They are witnessing you acknowledging your signature on your will. Cal. Prob. Code § 6110.
- Neither witness should be a beneficiary of the will. California law presumes that any gift made to a witness of the will was made under duress, and the witness could lose the gift if it is more than what he or she would have received under the intestacy law. Cal. Prob. Code § 6112.
Do I Need to Have My Will Notarized?
1. No. Trusts are normally Notarized but not wills.
2. Sign it in front of two witnesses. Notarization is not required in California to make your will legal.
3. California State allows you to make your will “self-proving” by your two witnesses sign a special affidavit (statement under oath) after they witnesses that saw you sign your will. As long as you sign and 2 witnesses also sign, your will does not have to be proved to the probate court.
Should I name an Executor?
- Yes. In California, you use your will to nominate an executor who will agree that the provisions in your will are carried out after your death.
- If no executor is named, the probate court will appoint someone to take on the job of winding up your estate.
Can I Revoke or Change My Will?
In California, you revoke or change may your will at any time. You can revoke your will by:
1. Burning, tearing, canceling, obliterating, or destroying the will with the purpose to revoke it, or
2. making a new will that states it is revoking the old will or that has contradictory terms. Prob. Code § 6120.
3. If you and your spouse divorce or your marriage is annulled, any gift you gave your spouse in the will and any provision that named your spouse as an executor or trustee is automatically revoked unless your will expressly write otherwise. Cal. Prob. Code § 6122.
4. If you need to make changes to your will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will — this is called a codicil. However it is preferable to start over and write an entire new will. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
Where Can I Find Someone to Help Me Make my Will or Trust?
Why Should I Prepare a Will if I live in California?
Rex Crandell Firm, in Walnut Creek, CA specializes in Wills & Trusts
Call the office at 925-934-6320 or click here to contact Rex Crandell Firm through our website!
