Will
A legal document directing how a person's property is to be distributed after death.
A will is a legal document directing how a person's property is to be distributed after death and naming the executor who will administer the estate. It also designates guardians for minor children and may set conditions on inheritances.
California recognizes formal (witnessed) wills, holographic (handwritten) wills, and statutory wills. The formalities matter, incorrect execution can invalidate the document, leaving the estate to default under intestacy law instead of the testator's wishes.
Wills go through probate, which is public and can be costly in California. Many estate plans pair a will with a revocable living trust to keep most of the estate out of probate, with the will functioning as a backstop. We draft both for clients planning around California probate rules.
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