A will is a legal document that specifies how your assets should be distributed after your death and who should care for minor children. In California, anyone over 18 years old who is mentally competent can create a valid will to ensure their wishes are followed.
California Will Requirements
To create a legally valid will in California, you must:
- Be at least 18 years old and mentally competent
- Sign the will in the presence of at least two impartial witnesses
- Have witnesses sign the will at the same time, after seeing you sign or acknowledge your signature
- Exception: Handwritten (holographic) wills do not require witnesses but must be entirely in your handwriting
What Should Be Included in Your Will
A comprehensive California will typically includes:
- Asset distribution: How your property, money, and possessions should be divided
- Executor appointment: Who will manage your estate and carry out your wishes
- Guardian designation: Who should care for minor children
- Specific bequests: Particular items going to specific people
- Debt instructions: How debts and taxes should be paid
Limitations of Wills
While essential, wills have important limitations:
- Must go through probate: Court process can take 12-18 months
- Public record: Your assets and beneficiaries become public information
- Costly process: Probate fees can consume 3-8% of your estate value
- Potential for contests: Disappointed heirs may challenge your will in court
Why Professional Help Matters
DIY wills often contain errors that can invalidate the document or lead to costly legal disputes. An experienced estate planning attorney can help you avoid these pitfalls and may recommend additional strategies like:
- Revocable living trusts to avoid probate entirely
- Beneficiary designations for retirement accounts and life insurance
- Joint tenancy arrangements for real estate
Important: Don't risk dying without a will, which leaves your family subject to California's intestate succession laws. Contact our estate planning attorneys to ensure your will is properly prepared and legally valid.
