Will

A Will is a legal document which allows you say how you would like your assets distributed and who will serve as guardian for your minor children. A judge Will need to make the determination that your Will is a “valid” Will. This is done through the probate court and is called probate administration. Probate administration is a court process which allows a personal representative to be appointed for the purpose of determining what debts and assets there are, ensuring all taxes are filed and paid and distributing the assets to the rightful heirs or beneficiaries.

What is a Valid Will in California?

The requirements of a valid Will in California are set forth in California Probate Code Section 6110 et seq. It is the Court’s job to make sure that a Will meets the below requirements.

A valid Will needs to be:

1. In writing
2. Signed by the person creating the will (known as the Testator), or in his/her presence at his/her direction;
3. A valid Will needs to be witnessed by two individuals who are present at the time the testator signs the Will and who understands that the document being signed is the testator’s Will;

There are a few exceptions to the above and there are different kinds of Wills that may be accepted by the Court depending on the circumstances.

Why Make a Will?

A valid Will serves different purposes. It is the document which  provides guidance for the care of minor children and allows an individual to make their wishes known regarding who will be in charge and how their assets are to be distributed.

What is a Pour-Over Will?

A Pour-Over Will is a type of Will which in addition to the other benefits of a Will allows the assets which have not been placed into a living trust to be “poured” into said trust. As such the assets will be distributed pursuant to the guidelines of the living trust.