How to Write a Will in California: A Step-by-Step Guide

A legally valid will is essential in estate planning. It is a (relatively simple) document that helps distribute your assets according to your wishes and that your loved ones are cared for. Particularly for simple estates, one can write a will without any professional legal help and this is exactly what we discuss in this detailed guide.

It covers how to write a will in California, covering the entire process step by step. Understanding said process will help you lay out your wishes and craft the final will you want.

All the same, it is highly recommended that you consult with a legal professional before signing this document. A legal professional or online legal services can clear out any dubious language that could be contested in a court of law.

But more on that in a bit.

Why Writing a Will Matters

A will offers peace of mind and reduces confusion for your loved ones after your passing.

Dying without one would put your estate in the hands of the court which will distribute it according to intestacy laws. Cost and length of the process aside — even though both will be substantially greater than creating a will — the California intestacy court rulings probably won’t align with your wishes.

The simple act of writing a will allows you to:

• Designate beneficiaries for your assets.
• Name guardians for minor children.
• Choose an executor to handle your estate.

It is an amendable document that you can change at any time, especially once you understand the basics laid out in this guide.

California’s Legal Requirements for a Valid Will

Before discussing in detail how to write a will, understanding the requirements that make a will in California legal is crucial.

According to the California Probate Code:

• Age — The testator (the person making the will) must be at least 18 years old.
• Mental competency — The testator must be of sound mind and free from undue influence.
• Written — Wills in California must be in writing. Holographic wills (handwritten wills) are valid if they meet specific criteria, but a printed-out will, signed by witnesses, is much less likely to be contested.
• Signature — The will must be signed by the testator or someone authorized to sign on their behalf.
• Witnesses — A will must be signed by at least two competent witnesses who are present at the same time and understand they are witnessing a will.
• Date — A legally binding will must be dated.
• Clear language — The wording of the will must be clear and precise.

These are the California state will requirements in a nutshell.

Now, let’s see how to approach the actual writing of the document.

Step-by-Step Guide to Writing a Will in California

Drafting a will starts with making a list of all your assets and requires a couple of witnesses to become valid.

Step 1: Identify Your Assets and Liabilities

Begin by taking stock of your estate.

List all assets, including:

• Real estate and property
• Bank accounts and investments
• Personal belongings (e.g., jewelry, vehicles)
• Debts and liabilities

This inventory will serve as the foundation for your will, ensuring nothing is overlooked. For brevity, you can assign codes to the listed belongings and refer to those codes when choosing beneficiaries.

Additionally, assets like vehicles must be described in full detail: registration plates, color, model, and so forth. A property, include the address and the deed of ownership number.

Keep in  mind that a handful of things cannot be included in a will:

• Insurance policies — Typically, they have their beneficiaries specified in their contracts
• Assets in a living trust
• Pay-on-death assets
• Jointly owned property
• Joint bank accounts

Step 2: Choose Your Beneficiaries

Decide who will inherit your assets.

Beneficiaries can include:

• Family members
• Friends
• Charitable organizations

Clearly specify their full names and the exact portions they will receive. This is the part of the will that can spark the greatest friction between inheritors, so use precise language. Here’s an example you can use while writing the will:

“The beneficiary of Asset #4 as per the inventory of the current will is <Full Name>.”

Step 3: Appoint an Executor

The executor is responsible for managing your estate and ensuring your wishes are carried out.

Choose someone you trust who is organized and capable of handling financial matters. Often, a family member first comes to mind, but they may be a part of the will. Choosing an outsider, be that a friend or a lawyer, usually is the better option, as they won’t be embroiled in any family politics.

The executioner must file the will within 30 days after the testator’s passing. Otherwise, the probate court will take over and may even fine the executioner.

Step 4: Name a Guardian for Minor Children

If you have minor children, appoint a guardian to care for them.

This is a critical decision, so consult with the person beforehand to ensure they are willing and able to take on this responsibility.

Step 5: Write the Will

You can write a will in several ways.

• Online templates — Various sites provide templates and online wills tailored to California law.
• Attorney assistance — Hiring an estate planning attorney ensures your will complies with all legal requirements.
• Write the will from scratch — While entirely possible to write your will from scratch, checking existing examples may be beneficial for proper formatting and language.

Whichever option you choose, drafting a will by yourself is a good idea. This way, you will put your wishes in writing and will have time to ponder over them.

What’s more, consulting a lawyer with a draft in hand is very likely to reduce their fee, as they won’t be writing the entire document from scratch.

Step 6: Sign the Will and Gather Witnesses

Sign the will in the presence of two witnesses who meet California state legal requirements.

Witnesses should not be beneficiaries to avoid potential conflicts of interest.

Step 7: Safeguard the Will

Store your will in a secure location, such as a safe or with a trusted attorney.

Inform your executor of its location to avoid confusion later.

Common Mistakes to Avoid When Writing a Will in California

There are several things to be vigilant about when writing and updating your will:

• Failing to sign or witness properly — Missing signatures or improper witnessing can render a will invalid.
• Vague beneficiary designations — Be very specific when naming beneficiaries and the assets they should receive to avoid disputes.
• Ignoring digital assets — Include instructions for online accounts and digital assets.
• Neglecting to update the will — Regularly review and update your will to reflect life changes, such as marriage, divorce, or the birth of children.

Can You Write Your Own Will in California?

Yes, you can make your own will in California. A handwritten will (holographic will) is valid as long as it is entirely in your handwriting and includes your signature.

However, consulting an attorney is highly recommended for more complex estates to ensure all legal bases are covered.

Conclusion

Writing a will in California is a straightforward yet critical process to secure your estate and provide for your loved ones.

By following the steps outlined above, you can ensure your wishes are honored and your legacy is Çpreserved.

Don’t delay — start drafting your will today to enjoy peace of mind and clarity for the future.

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