One of the most basic forms of estate planning is preparing your will. A will can be extensive and cover every detail of dividing your property, naming guardians for minor children, and executors for your will.

Alternatively, it can be a simple document dealing primarily with property distribution. If you have a living trust, having a pour-over will can make it easier for you to transfer any additional assets into the trust upon your death. Ultimately, it is important to prepare a will if you want to make sure that your wishes are followed after you pass.

Continue reading to learn more about how to make a will in California.

Types of Valid Wills in California

When considering how to make a will in California, you should be aware of every available option:

  1. Standard typed will: This is the most common type. When you create a will in California in this format, you must sign it in the presence of two witnesses.
  2. Holographic will: This is a handwritten will. The entire document should be in your handwriting, bear your signature, and clearly outline your intended property distribution. Keep in mind that including typed sections could invalidate the will.
  3. Online wills: Wondering how to make a will online in California? These are becoming increasingly popular. However, it’s essential to ensure that any online platform you use complies with California will requirements. (And to answer the question, “Are online wills legal in California?” Yes, provided they meet the necessary criteria.)
  4. Statutory will: This is a basic fill-in-the-blank format often suitable for those with fewer assets. After filling in the details, you must have the will witnessed by two individuals and notarized.

California Last Will and Testament Requirements

Every state has unique laws governing wills, and California will requirements are no exception. In California:

  1. The testator (the person creating the will) must be at least 18 years old.
  2. The will must be in writing, though it doesn’t necessarily need to be typed.
  3. The will should be signed by the testator and witnessed by two unrelated people.
  4. A commonly asked question is, “Does a will need to be notarized in California?” The answer is no, though it’s recommended for added legal clout.
  5. A clear intent should be evident, detailing who gets what after the testator’s death.

Understanding these basic California will laws is fundamental to ensure your last wishes are adhered to.

Property That Cannot Be Distributed in a Will

Understanding what makes a will legal in California is equally crucial when determining property distribution.

Since California is a community property state:

  • You can’t bequeath the total interest of property acquired after marriage since half belongs to your spouse.
  • With joint tenancy or similar joint ownerships, only your share can be included.
  • Life insurance policies and retirement benefits are excluded from wills, and beneficiaries for these must be designated separately.

For affordable guidance on how to make a legal will in California, consider A People’s Choice for quality non-attorney assistance.

How to Make a Will in California in 6 Steps

Creating a will doesn’t have to be an intimidating process. Here’s a basic guide on how to write your own will in California:

  1. Determine your assets and whom you want to inherit them.
  2. Decide on a guardian for any minor children.
  3. Choose an executor who will ensure your will is carried out.
  4. Write the will, either by hand, typed, online, or with the help of a professional service.
  5. Sign it according to California will laws.
  6. Store it in a safe place and let trusted individuals know of its location.

What Happens If You Die and Did Not Prepare a Will?

If you do not prepare a will, you will be considered to have died intestate. In this scenario, state intestacy laws dictate how your property is divided among surviving family members, starting with your spouse and children. In the absence of immediate family or relatives, the state might acquire all your assets.

RELATED: What is California intestate succession? Read our in-depth blog post now >>

Who Can Help You Navigate California Will Laws?

Ensuring you have a legally recognized will is crucial in guaranteeing your wishes are followed upon your passing. Knowing how to make a legal will in California and understanding state requirements can make this process smoother. If in doubt, consult with a professional to guide you through the will preparation, ensuring peace of mind for both you and your loved ones.

A People’s Choice is a Registered Legal Document Assistant Service in Ventura County. We offer both local and online services for legal document preparation and processing in all California courts. Our innovative online interview process enables us to serve customers worldwide who find themselves dealing with the California court system in a variety of routine legal proceedings.

Frequently Asked Questions

How do I make a will in California without a lawyer?

  1. Determine your assets and whom you want to inherit them.
  2. Decide on a guardian for any minor children.
  3. Choose an executor who will ensure your will is carried out.
  4. Write the will, either by hand, typed, online, or with the help of a professional service.
  5. Sign it according to California will laws.
  6. Store it in a safe place and let trusted individuals know of its location.

Does a will have to be notarized in California?

Not always, as it depends on the type of will you set up. Notarization is often recommended for typed wills and required for online wills.

Are online wills legal in California?

Yes, as long as they satisfy the necessary criteria.