The Right Tool, Used Correctly
A Last Will and Testament is the legal document that tells the California probate court who should inherit your property, who should serve as executor, and who should care for your minor children. Done well, it is a clear, enforceable expression of your wishes. Done poorly, it can be set aside, contested, or ignored entirely under California's intestacy rules. A will is not the same thing as an estate plan, and it does not avoid probate, but for many people it is the right starting point.
California Probate Code section 6110 requires that a typed will be signed by you and witnessed by two people who are present at the same time, who both understand you are signing your will, and who both sign in your presence. Missing any of these steps can make the will invalid. We supervise the signing in our office so the execution is airtight.
Simple Will
A clean California will for adults with straightforward wishes: name beneficiaries, choose an executor, nominate guardians for minor children, and include the no-contest and community property provisions California requires.
Pour-Over Will
A coordinated will used alongside a living trust. It catches any asset that did not make it into the trust during your lifetime and pours it into the trust at death. Required as the safety net for every trust-based plan.
Holographic Will Review
California recognizes handwritten wills if signed and materially in your handwriting, but they often fail in court for missing dates, ambiguous wording, or unclear intent. We review and validate, or replace them with a proper formal will.
Will Amendments (Codicils)
Marriages, divorces, new children, or changes of mind all require an update. We draft codicils that amend specific provisions, or fully restate the will when the changes are extensive.
What a California Will Does and Does Not Do
- It directs who inherits your separate property and your half of any community property at death
- It nominates the executor who will administer your estate through probate
- It nominates guardians for minor children, the single most important reason many young parents need a will
- It can include a no-contest clause that discourages disgruntled heirs from challenging the document
- It does not avoid probate. Estates valued above $184,500 in California still go through the full probate process
- It does not control assets that pass by beneficiary designation, such as retirement accounts or life insurance
Holographic vs. Formal Wills
California is one of the few states that still recognizes a holographic will, which is a will entirely in your own handwriting, signed by you. No witnesses are required. In an emergency, that can be a real safety net. In practice, holographic wills create constant probate disputes over whether the writing reflects testamentary intent, whether the date is sufficiently clear, and whether all material provisions are actually in your hand. A formal, witnessed will drafted by an attorney removes all of those questions. If you already have a holographic will, we recommend a review.
A will alone does not skip probate. If you own a home in California, even a perfectly drafted will sends your estate to the probate court, which means roughly $46,000 in statutory fees and 12 to 18 months of delay on a $1 million estate. For most homeowners, a will should be paired with a living trust.
Our Will Drafting Process
A clean, witnessed, properly executed California will typically takes 2 to 3 weeks from first call to signing ceremony. Here is what to expect.
Free Consultation
We talk about your family, your assets, and whether a will alone is enough or whether you also need a trust. We quote a flat fee before any work begins.
Design Meeting
We map out beneficiaries, executor succession, guardian nominations for minor children, specific gifts, and any conditions or no-contest provisions you want included.
Drafting
We prepare your will along with the companion documents most clients also need: durable power of attorney, advance healthcare directive, and HIPAA authorization. Drafts go to you for full review.
Signing Ceremony
You sign your will in our office with two qualified witnesses present at the same time, plus a notary for the companion documents. The execution is supervised, documented, and California-code compliant.
Safekeeping and Updates
You leave with executed originals and clear storage instructions. We schedule a review every 3 to 5 years or after any major life event so the will stays current.
Frequently Asked Questions
Common questions from California families considering a will.
Yes. If you die without a will in California, the intestacy rules take over. Your spouse may not inherit everything you assume, particularly your separate property and your half of the community property in a blended family. A will lets you control the outcome instead of letting the default statute do it for you.
In California, most property acquired during marriage is community property, meaning each spouse owns half. Your will can only direct your half. The other half belongs to your spouse no matter what your will says. We draft the document with that division clearly identified so the executor and the probate court are not guessing later.
California law protects an after-born or after-adopted child unless your will specifically addresses the possibility. We include a clause that either provides for after-born children or explains your intent if you choose not to, which prevents an inadvertent statutory share from disrupting your overall plan.
A will alone may be enough if you are young, rent rather than own, have modest assets, and have no minor children. If you own real estate in California, have minor children, or have a blended family, a living trust paired with a pour-over will is almost always the better choice because it skips probate entirely and keeps your affairs private.
A California no-contest clause penalizes a beneficiary who brings certain types of challenges without probable cause by disinheriting them. It is not absolute, and recent case law has narrowed its scope, but it is still a meaningful deterrent. We draft no-contest provisions that meet California's specific statutory requirements so they are actually enforceable.