Make a California Last Will and Testament

California State Last Will and Testament Laws

Definition of Will - Probate Code Section 88

Laws - 6100 - 6806 (Wills and Intestate Succession)

Witnesses - According to Probate Code Section 6110, the Will must be signed by two (2) witnesses.

A Sample California Last Will and Testament with Examples of Each Step

Step 1 - Using the last will and testament template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or physically disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should something unfortunate happen to you, provide the following information below (as well as your alternate and conservative’s information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that in order for your will to be legally recognized, it must be signed by all parties, including both witnesses (at least 2), and notarized by a notary republic.

Why do you need a California Last Will and Testament form?

In the state of California, creating a last will and testament is an important step in estate planning. California gives a testator the chance to determine what happens to their assets and dependents upon their death, allowing for distribution of wealth to be distributed to relatives, loved ones, charities, and others. Pet trusts can also be included in California wills. Last will and testaments are only applicable upon a testator’s death.

The benefits of having a will

According to California law, it is important to have a valid will so that you can appoint an executor to distribute your assets upon your death.

• Executors will also determine any legal guardianship or distribution of assets to minors.
• California allows for an easy process for surviving spouses and domestic partners, allowing for assets to be distributed to them without going through the probate process through the filing of a Spousal or Domestic Partner Property Petition.
• Additionally, if the deceased’s assets total to less than $150,000, personal property can be transferred through affidavit rather than through probate court.

The costs of not having a will

According to California probate code, if someone dies in intestacy (without making a will) in California, property is automatically distributed to a spouse or domestic partner, followed by any descendants. If no surviving kin can be found, any assets will be absorbed by the state.