Lawyers Specializing in Wills in California
Our law firm will help you draft a will that will protect any assets that are not transferred to your trust and will protect any assets outside of your trust at the time of your death. Our team is seasoned in writing California wills, making sure California will laws are followed. Contact us today and connect with our lawyers specializing in wills in California.
Why You Should Have A Will:
- To make your wishes known to your loved ones
- To choose someone to settle your affairs on your behalf
- To decide who will receive your assets and when
- To appoint a guardian for your children
What Makes A Will Legal in California:
- The will must be in writing, either handwritten or typed
- Anyone over 18 and of sound mind can make one (The testator must have the mental capacity to understand what they are doing and to make important decisions.)
- The testator must sign and date the will in front of two witnesses, who must also sign it
- The witnesses must further attest that they understand the document they are signing is intended to be the testator’s will and they should be disinterested. This means that they should not be beneficiaries named in the document.
Types of Wills Recognized in California
- Attested Will – Attested wills are typed out and other individuals witness their signing. The witnesses should have no interest in the will. This type of will is self-authenticating as long as it is signed under penalties of perjury (no testimony needed to prove legal validity).
- Holographic Will – Holographic wills are handwritten by an estate planner and usually do not have the signatures of witnesses. They can be legally valid, but only if the testator’s handwriting can be proven.
- Statutory Will – Statutory wills are forms provided by the state allowing individuals to fill in the blanks. These will must be signed under penalties or perjury by at least two witnesses. They don’t provide flexibility individuals need to ensure proper distribution of their assets.