A last will and testament is a legally binding document that outlines what you would like to happen to your estate and assets after you pass away. While many Californians choose to use a Revocable Living Trust as well as a will in their estate plan, a simple will may be appropriate for small estates under the Probate threshold.

As the testator (will creator), you will be able to clarify who will become the legal guardian of your minor children and who you would like to receive an inheritance from your estate after you have passed away. California imposes specific requirements that your will must meet to be considered legally valid and enforceable.

If you would like to take charge of your estate plan by creating a will, the Law Offices of Daniel A. Hunt is here to help you. We will review your situation with you and listen carefully to your goals for your estate plan. We will help you create a legally valid will in California that protects your assets and goals. Contact the knowledgeable and experienced Sacramento probate lawyers at the Law Offices of Daniel A. Hunt today to schedule your initial consultation.

Writing Your Last Will And Testament

When you decide to write a last will and testament, you are in control of how the court will distribute your property after you pass away. Creating a will makes the probate process much easier for your surviving family members. Providing clear instructions as to who will receive your property will help your surviving loved ones greatly. At the Law Offices of Daniel A. Hunt, we will help you ensure that your will is clear and addresses all of your property and assets.

Requirements For A Valid Will In California

Writing down how you want your assets to be distributed after you die is not enough to create a legally binding last will and testament in California. Instead, you will need to meet certain legal criteria to be enforceable in the state of California. California Probate Code sets forth the basic requirements for a legally valid will as follows:

• Age: The testator must be at least 18 years old at the time you write your will.
• Capacity: The testator must have the capacity to create a will, which means the testator must be of sound mind. Being of sound mind means that the testator can understand the purpose and nature of the testamentary act of creating a will. Additionally, the testator cannot have a mental disorder that causes hallucinations or delusions.
• Format: In California, wills must be in written form. California does not recognize any type of oral will. However, California does recognize holographic wills as legally valid as long as they are handwritten and signed. In some cases, California courts will recognize a holographic will even when it does not have signatory witnesses or notarization.
• Signature: The testator must sign the will. However, if the testator is physically or mentally incapacitated, another person can sign the will and the testator’s name. In these circumstances, the testator must still be physically present and direct the other individual to sign on his or her behalf.
• Witnesses: In California, a will must be signed by at least two people who are present when the testator signs the well. When one of the witnesses is a beneficiary who will inherit property under the terms of the will, there must be a third witness present. Your lawyer should not serve as one of your witnesses, so it is wise to bring two different adult witnesses to sign the will. The witnesses must also be of sound mind and physically present when you sign your will.
• Beneficiaries: The testator has a wide range of discretion regarding who will receive their property under the terms of the will. A testator can distribute property to an individual, business, society, lodge, country, state, city, municipal corporation, and other government entities in California.

The Advantages Of Writing A Will

Without a will or trust-based estate plan in place, you will lose control over who receives your property after you pass away. Many advantages come with creating a legally valid will in California, such as:

• Choosing beneficiaries and attaching conditions to the distribution of your property
• Designating an executor
• Designating a guardian for your minor children
• The ability to make revoke or amend your will if you choose

Will Contests In California

Difficult family situations can arise when surviving family members disagree about a deceased loved one’s will. In some cases, family members are surprised that they have not been included as a beneficiary of the deceased loved one’s property. In other cases, family members doubt that the testator had a sound mind when creating a will. We have also represented surviving family members who contend that a third-party exercised undue influence over their loved one to obtain property or money from them.

When legal issues arise related to a will, this is called a will contest. A party can challenge a will’s legitimacy in a California probate court. The probate judge can hold a will contest trial. During the trial, the person or people challenging the will have a burden to produce evidence that the will is invalid under California’s probate laws. The probate court will not distribute the decedent’s property until the judge has decided in a will contest. If you are involved in a will contest, it is important that you consult with a probate lawyer as soon as possible who will help you protect your rights and interest.

What Assets Does a Will Control — and What Does It Not?

One of the most misunderstood aspects of estate planning is the assumption that a will controls everything you own. In reality, certain types of assets pass outside of your will entirely, regardless of what the document says. Understanding this distinction is critical to ensuring your final wishes are actually carried out.

Assets a Will Typically Controls

• Real estate held in your name alone (without a transfer on death deed or joint tenancy).
• Personal property such as vehicles, jewelry, furniture, and collectibles.
• Bank accounts that do not have a payable-on-death designation.
• Business interests held solely in your name.

Assets That Bypass Your Will

• Life insurance proceeds — These pass directly to the named beneficiary on the policy, not through probate.
• Retirement accounts and pension plans — IRAs, 401(k)s, and similar accounts transfer to the designated beneficiary regardless of what your will states.
• Transfer on death deeds — Real property with a recorded TOD deed in California passes directly to the named beneficiary.
• Jointly held property — Assets owned in joint tenancy with right of survivorship automatically transfer to the surviving owner.
• Assets in a living trust — Any property already transferred into a trust is governed by the trust document, not the will.

If your will says one thing and your beneficiary designations say another, the designations win. This is why a well-designed estate plan coordinates all of these documents together. The estate planning attorneys at The Law Offices of Daniel A. Hunt can review your accounts, property titles, and legal documents to make sure nothing falls through the cracks. Contact our law firm today.

How Can a Will Work With a Trust to Protect Your Hard-Earned Wealth?

Many families assume they need either a will or a living trust, but in most cases, the strongest estate plans use both. A will and a trust serve different purposes, and pairing them together gives you far more control over what happens to your assets, your family, and your hard-earned wealth after you pass away.

How the Two Documents Complement Each Other

• Pour-over will as a safety net — Even with a funded trust, some assets may not be transferred before death. A pour-over will directs any remaining assets into your trust so they are distributed according to the same plan, rather than falling into intestate succession laws.
• Guardian designation for minor children — A trust cannot name a guardian for your children. Only a valid will allows you to make that designation, which is one of the most important aspects of planning for young families.
• Probate avoidance through the trust — While a will must go through the probate process, assets held in a living trust bypass probate court entirely, saving your family legal fees, time, and stress.
• Asset protection and tax planning — Certain types of irrevocable trusts can help reduce estate taxes and shield wealth from creditors, while the will ensures everything else is accounted for.

When these documents work together under a well-designed estate plan, your loved ones benefit from a clear, comprehensive roadmap that minimizes confusion and protects your wealth for many years to come. Without both in place, gaps in your plan can lead to costly estate litigation and unnecessary court involvement.

The Law Offices of Daniel A. Hunt can help you build an estate plan that coordinates your wills and trusts for complete protection. Call to schedule a consultation with our estate planning attorneys at our Sacramento, Folsom, or Roseville office today.

Contact A Sacramento, California Will Lawyer Today

Creating a will is one of the most important actions you can take to ensure that the people or organizations you choose will receive your assets after you are gone. Unfortunately, many Americans do not have a will in place. When people pass away without a will or trust in place, the state of California will distribute their property according to California’s intestate laws. Contact the Law Offices of Daniel A. Hunt today to begin the process of creating or updating your will by scheduling an initial consultation with our Sacramento, Folsom, or Roseville offices. We offer in-person, virtual, and telephone appointments for your convenience.