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Although many prefer not to contemplate the end of life, planning ahead for your demise by preparing a will has many advantages. A will is a legal document in which you identify the person or persons you wish to inherit your assets and belongings at your death. California gives its residents several easy ways to draft a will that do not necessarily require an attorney's assistance.
Wills in California
In California, every adult of sound mind has the right to prepare a will, also called a last will and testament, setting out how she wishes her property to be divided at death. A will can also name the person who is to manage your estate through probate, termed the executor, and the person you wish to serve as guardian for minor children. While some types of wills in California require witnesses, others do not. The type of will appropriate for your situation depends on the size and complexity of your estate.
Holographic
If you wish to leave most or all of your belongings to one friend, you might consider a holographic or handwritten will. California is one of a minority of states that recognizes wills written by hand by the person making the will. To draft a valid holographic will in California, you must write legibly, identify the person or persons who will inherit your assets, and then sign and date the will. No part of the will may be typed or printed. In California, holographic wills need not be notarized or witnessed.
Statutuory
A form will is a printed legal document containing blanks that the person making the will fills in to identify herself, her assets and her beneficiaries. While form wills are widely available, you must be careful which form you choose. The legal requirements for wills vary among the states and your will is not valid if the form you choose does not meet California requirements. You can avoid this danger by using California's statutory will, a form will set out in the statutes that fulfills all of the state's requirements. If your estate is relatively small and uncomplicated, filling out a statutory will can be an easy option. This type of will requires the signature of two witnesses who are not beneficiaries to your estate.
Lawyer-Prepared
Qualified estate lawyers can prepare a will for you in California. While legal help can be expensive, an estate lawyer does far more than simply ensure that your will complies with California law. He can offer estate and tax planning suggestions and alternatives that may save the estate money in the long run. The larger and more complex your estate, the more it makes sense to consider bringing in legal help. Your lawyer can also arrange for the signing of your will before two appropriate witnesses.
Wills in CaliforniaIn California, every adult of sound mind has the right to prepare a will, also called a last will and testament, setting out how she wishes her property to be divided at death. A will can also name the person who is to manage your estate through probate, termed the executor, and the person you wish to serve as guardian for minor children. While some types of wills in California require witnesses, others do not. The type of will appropriate for your situation depends on the size and complexity of your estate.
Holographic
If you wish to leave most or all of your belongings to one friend, you might consider a holographic or handwritten will. California is one of a minority of states that recognizes wills written by hand by the person making the will. To draft a valid holographic will in California, you must write legibly, identify the person or persons who will inherit your assets, and then sign and date the will. No part of the will may be typed or printed. In California, holographic wills need not be notarized or witnessed.
Statutuory
A form will is a printed legal document containing blanks that the person making the will fills in to identify herself, her assets and her beneficiaries. While form wills are widely available, you must be careful which form you choose. The legal requirements for wills vary among the states and your will is not valid if the form you choose does not meet California requirements. You can avoid this danger by using California's statutory will, a form will set out in the statutes that fulfills all of the state's requirements. If your estate is relatively small and uncomplicated, filling out a statutory will can be an easy option. This type of will requires the signature of two witnesses who are not beneficiaries to your estate.
Lawyer-Prepared
Qualified estate lawyers can prepare a will for you in California. While legal help can be expensive, an estate lawyer does far more than simply ensure that your will complies with California law. He can offer estate and tax planning suggestions and alternatives that may save the estate money in the long run. The larger and more complex your estate, the more it makes sense to consider bringing in legal help. Your lawyer can also arrange for the signing of your will before two appropriate witnesses.
Posted in: Estate Laws
