California Last Will and Testament Form
California Last Will and Testament is a document which is used to describe all the property and belongings and to whom all will be distributed, legal in the state of California. It gives you an opportunity to be sure that your relatives, friends, even charitable organizations get your property according to how you want it to be.
How to Write Your Own Will in California
Step 1. Enter the Information about yourself. In the Last Will you are named as a Testator. In this step, enter your name, city of residence, county of residence, your marital status, if you are not single – the name of your spouse.
Step 2. Nominate and choose your Executor
Your Executor will be in charge of administration all your assets after you pass away. It doesn’t matter if your Executor is your beneficiary or your attorney. What is important is that you should choose this person, otherwise he/she will be chosen by a court. If you want to have an alternate Executor or there is a person who you certainly don’t want to have as your Executor – mention it as well. Give the necessary info: names and how they are related to you.
Step 3. Beneficiaries
In this step, choose the property for distributing to your beneficiaries, with the necessary information: their names, relation to you, addresses, SSN and what exactly you want them to have from your belongings.
Step 4. Binding Agreement
Review the important sections before you sign the document. Prepare to bind the agreement by entering your name, date and your signature.
Step 5. Witnesses’ signatures
All who sign this document must be in presence of one another and read the brief statement. Witnesses are at least two, they need to write their addresses as well.
Step 6. Last Will Notarization Notary will be the person who complete the remaining document. By notarization, you make your Last Will legal.
How to Make A Will in California
California State Will Requirements
To meet all the requirements, see California Probate Code § 6100. To make your Will valid, the author must be 18 years old and more and of sound mind.
What are the Requirements for a Will to be Valid in California
- The will must be handwritten (holographic), with date and a signature of the testator. If it is handwritten, it’s not necessary to have witnesses or a notary. Writing a holographic will may come with the price of making mistakes and therefore leave it invalid.
- If it’s typewritten, then it’s absolutely necessary to sign it in the presence of 2 witnesses, who mustn’t be your beneficiaries.
- You don’t need an attorney for making a will in California.
Does a Will Have to be Notarized in California
No, it’s not, although it may help you make your will ‘self proved’ – that means the document can be admitted to the probate court without the testimony of your witnesses or other proofs that this will is what it claims to be. To avoid the bureaucracy, you may consider the notarization as your best option.