A California wills lawyer can help you put clear, legally valid instructions in place for the people and property that matter to you. At Seligson Law, we prepare and update wills for California clients who want greater control over who receives their property, who handles their estate, and who may care for their minor children.
What Is a Will and What Can It Do?
A will, formally called a last will and testament, is often one part of a broader estate plan. It is a written document that states how certain property should be handled after death. It can name the people or organizations that will inherit from the estate, nominate the person who will manage the probate process, and identify preferred guardians for minor children.
The person making the will is the testator. The person nominated to manage the estate is commonly called the executor, who may need to gather estate property, address valid debts and taxes, complete court filings, and distribute what remains according to the will and California law.
A will does not control every asset. Property held in a living trust, an account with a valid beneficiary designation, or property owned with survivorship rights may pass outside the will. This is why reviewing titles and beneficiary forms is just as important as choosing the words in the document.
A will may help you:
- Identify the people, charities, or organizations that should receive probate property
- Name an executor and one or more backups
- Nominate a guardian for minor children
- Give instructions for personal property with financial or sentimental value
- Create a testamentary trust for a child or another beneficiary
- Direct how taxes, expenses, or certain debts should be handled
- Coordinate any assets left outside a revocable living trust
Choosing an Executor and Guardians for Minor Children
An executor should be responsible, organized, and willing to follow through. The role may involve working with the probate court, locating assets, keeping records, communicating with beneficiaries, addressing creditor claims, and making distributions. Family closeness alone does not always make someone the best choice. It is also helpful to name a backup in case the first person cannot serve.
Parents can use a will to nominate a guardian for a minor child. The court makes the final appointment based on the child’s best interests, but a clear nomination gives the court important evidence of the parent’s preference. Parents may also use a testamentary trust to avoid leaving an inheritance directly to a child at age 18 and to provide instructions for managing that property over time.
How a California Wills Lawyer Helps You Meet State Requirements
California law generally allows an adult of sound mind to make a will, provided it is written, properly signed, and witnessed by at least two people. A handwritten will may also be valid without witnesses if its signature and material provisions are in the testator’s handwriting, although unclear or conflicting language can lead to disputes.
Without a valid will, California’s intestate succession laws determine who inherits probate property. A will should be reviewed after major life changes, and after death, it may be submitted to the appropriate California Superior Court to guide probate, appoint a personal representative, and distribute the estate.
What Our Clients Say
Our Wills Services in California
At Seligson Law, we help California clients prepare and update wills that reflect their families, property, and long-term wishes, including:
- Last Wills and Testaments: We prepare wills that provide clear instructions for distributing property, naming an executor, and selecting guardians for minor children.
- Living Wills and Advance Health Care Directives: We help clients document their medical care preferences through advance health care directives, the primary document used for health care planning in California.
- Wills for Families: We create wills that account for spouses, children, blended families, and beneficiaries with different needs or circumstances.
- Holographic Wills: We assess handwritten wills and whether their signatures and material provisions satisfy California Probate Code § 6111.
- Testamentary Trusts: We draft wills that establish trusts after death, allowing assets to be managed for children or other beneficiaries under specified terms.
- Guardianship Nominations: We help parents nominate trusted guardians to care for their minor children if neither parent is able to do so.
Each will is thoughtfully prepared to address your family, assets, wishes, and plans for the future.
Why Choose Seligson Law?
Seligson Law takes the time to understand your family, property, intended beneficiaries, and long-term wishes before preparing your will. Our approach includes:
- Personalized Will Planning: We tailor each will to your family structure, assets, and specific priorities.
- Clear Legal Guidance: We explain important decisions and provisions in straightforward language.
- Careful Drafting: We prepare wills that clearly address property distribution, executor appointments, and guardianship nominations.
- Coordinated Documents: When appropriate, we align your will with trusts, powers of attorney, advance health care directives, and beneficiary designations.
- Continued Support: We remain available to review and update your will as your family, finances, or wishes change.
Our California Wills Process
Preparing a will should be a clear and thoughtful process. We provide practical guidance at each stage, helping you create a legally sound document that reflects your family, property, and wishes.
Understanding Your Priorities
We begin by discussing your family circumstances, assets, intended beneficiaries, guardianship concerns, and other planning goals.
Developing Your Will Plan
We help you decide how property should be distributed, who should serve as executor, and which additional provisions may be appropriate under California law.
Drafting and Reviewing the Will
We prepare the will and carefully review its terms with you to confirm that the document accurately communicates your intentions.
Proper Execution and Future Updates
We guide you through California’s signing and witnessing requirements and remain available to revise your will when significant changes occur in your family, finances, or priorities.
California Will FAQs
Do I need a will if I do not have a large estate?
Yes, a will can still serve important purposes even when the estate is modest. It allows you to name beneficiaries for probate property, nominate an executor, identify backup choices, and state your preference for a guardian of minor children. The right plan depends less on a single dollar amount than on your family, property, account titles, and goals.
What happens if I die without a will in California?
California’s intestate succession laws determine who receives property that does not pass through a trust, beneficiary designation, survivorship arrangement, or another valid method. Depending on your family structure and whether property is community or separate, the result may differ from what you would have chosen. The court will also appoint someone to administer the estate without guidance from your will.
Does a will avoid probate in California?
No. A will provides instructions for probate property, but it does not keep that property out of probate. Assets held in a properly funded living trust or transferred through beneficiary designations and survivorship rights may pass outside probate. Whether a formal probate is required depends on the assets, their value, how title is held, and the procedures available at the time.
Do I still need a will if I have a living trust?
Usually, yes. A pour-over will can direct eligible probate assets left outside the trust into it after death, although those assets may still need to pass through probate first. A will also allows parents to nominate guardians for minor children. The will and trust should be reviewed together so their appointments and distribution instructions remain consistent.
Can I write my own will or use an online form?
California recognizes wills that meet its legal requirements, including certain holographic wills, but validity is only one concern. Forms may not address blended families, business interests, tax issues, special beneficiaries, or conflicts with existing titles and account designations. Legal guidance can help ensure that the document says what you intend and fits the rest of your plan.
When should I update my California will?
Review your will after marriage, divorce, the birth or adoption of a child, the death or incapacity of an executor or beneficiary, a move to another state, or a major change in assets or business ownership. Even without a major event, a periodic review can catch outdated names, backup choices, and provisions that no longer match your circumstances.
Contact Our California Wills Lawyers Today
A clear will can make difficult decisions easier for the people you leave behind. Whether you are preparing your first will, replacing an outdated document, coordinating a pour-over will with a living trust, or reviewing a plan after a major life change, Seligson Law can help you understand what belongs in the document and how to execute it properly. Contact us today to get started.
