Making sure you have a valid will is very important. California recognizes several types of wills, but each has its own requirements you have to follow for it to be valid. Messing up any aspect of a will could mean it’s unenforceable. This is not a result you want to risk. With the right legal help from the beginning, you can ensure your estate planning documents and will comply with the law and pass on your assets the way you want them to.
At Filippi Law Firm, P.C., our California estate planning attorneys are ready to help. We utilize the right type of will for your situation, and help you create a comprehensive estate plan.
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California Statutory Will
The California Statutory Will is an extremely simple form. It is a fill-in-the-blank document that the State created. They want to make something straightforward that was low-cost, but could give them a valid will. The form has sections to name your beneficiaries, appointing an executor, and creating guardians for any minor children.
To be valid, a statutory will must be:
- Completed using the state-approved form
- Signed by the testator
- Witnessed by two adults who are not beneficiaries
While convenient, statutory wills offer limited customization. They are only for very simple estates, and they are usually not the best fit to account for your unique situation.
Attested (Witnessed) Will
An attested will, also known as a formal or witnessed will, is the most common type of will used in California. This document is drafted by the testator, often with the help of an attorney, and signed in the presence of two witnesses.
Key features include:
- Full customization of asset distribution
- Ability to include trusts
- Guardianship provisions
- Detailed instructions
- Strong legal enforceability when properly executed
The testator has to be at least 18 years old, and of sound mind. There must be two witnesses present at that time and see the will signed, or have the testator acknowledge their signature. These allow you to plan your estate in detail, and are the preferred type of will for many families.
Holographic Will
Holographic wills are handwritten. They don’t require witnesses to make them valid. California will recognize holographic wills in the right situation, but enforceability can be risky at best.
Advantages include:
- Quick creation in emergencies
- No witnesses required
- Legally valid even if not notarized
In probate, holographic wills often create problems. The handwriting could be difficult to read. It could be hard to verify that the testator actually wrote it, or the language chosen could be ambiguous. These wills are usually only a good idea if the person needs to make an emergency will. It is much better to plan ahead with an attested or other type of will.
Pour-Over Will
A pour-over will works alongside a revocable living trust. Its purpose is to “pour” any assets not already titled in the trust into the trust upon the testator’s death. This ensures that all property is ultimately governed by the trust’s terms.
A pour-over will is essential for anyone using a living trust because:
- It captures overlooked or newly acquired assets
- It ensures consistent distribution under the trust
- It provides a safety net if trust funding was incomplete
Although assets transferred through a pour-over will still pass through probate, the document ensures they end up in the correct place.
Living Will (Advance Health Care Directive)
Called a “living will,” this Advance Health Care Directive is actually not a will at all. But it is a very important document. It tells everyone your medical preferences and can appoint a health care agent to help you make decisions if you’re incapacitated.
A California Advance Health Care Directive can:
- Specify end-of-life care preferences
- Authorize or decline life-sustaining treatments
- Appoint a trusted decision-maker
Pick the Right Type of Will for Your Situation: Speak to a California Estate Planning Lawyer
Making sure you get the right will for your situation is critical to protecting your assets and your beneficiaries in the future. An experienced estate planning attorney can help families Granite Bay, Lincoln, Citrus Heights, and the surrounding areas.
Let the dedicated estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
