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Writing a will is a surprisingly simple process, and it's definitely worth getting done early. A will is an official means to pass down your money and possessions to friends and family, and it's also how you designate a guardian to any minor children you have or plan to have if they're still minors upon your death. In order to write a will, you'll need to be at least 18 years old and of sound mind (meaning you're capable of making your own decisions). [1] X Research source This article is meant to walk you through the process of composing a will in California. We'll be here to help you choose what type of will to write and make sure your will is officially valid under California law.
Steps
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Include your name, address, and a title at the top of your will. To make it clear that this is your official will, write a sentence that features all of this information at the top of the page. If this will is replacing a will you wrote in the past, add a statement that revokes all previous wills and codicils that you've written. [2] X Research source
- A codicil is an amendment to your will that changes your will's instructions.
- Write something along the lines of, "I, Lana O'Connor, currently residing at 810 N 18th Street, declare this as my last will and testament, and I revoke all previous wills and codicils that I've written in the past."
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Direct your executors to pay for your funeral expenses and debts. Before you can list your assets, you're responsible for naming who is responsible for paying for your funeral (using the money you've left behind). You're also responsible for naming someone to see that any of your required outstanding debts are paid. This responsibility falls to your executor, which describes the person in charge of enforcing the guidelines and stipulations of your will. [3] X Research source
- You will officially name who your executor is later on in your will.
- This would read, "My executor is responsible for seeing that my debts and funeral expenses are paid for."
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Name your beneficiaries. A beneficiary is someone you leave an asset to in your will. [4] X Research source Before you decide on who gets what, draft a list of all of your assets. Then, decide who will inherit what. Make sure to include each of your beneficiaries' full names and other identifying characteristics, i.e. "my husband" or "my child." To simplify the process, you can also simply name your spouse or children as the sole beneficiaries of your entire estate. [5] X Research source
- Your assets account for everything you own, including your bank accounts, your house, your car, and things like jewelry, clothes, and family heirlooms. Assets can also refer to properly like stocks, royalties, and bonds. [6] X Research source
- An example of how to leave an asset to a beneficiary would read, "I leave my jewelry collection to my daughter, Annette Langley." You might also say "I bequeath my jewelry collection...," as this is another term for leaving an asset to someone.
- You don't have to list every single one of your assets if you don't want to. After listing everything you plan to include in your will, leave the rest of your assets to someone by naming them as the beneficiary of your residuary estate.
- An example of how to leave your entire estate to a sole beneficiary would read, "I leave my entire estate to my partner Robert Langley."
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Choose a guardian and a conservator for your minor children. If your children are minors at the time that you're writing your will or you think you may have kids in the future, name a guardian who will be responsible for them upon your death. Include their full name and other identifiers to avoid any confusion. If you're leaving assets to your children, name a conservator (a person appointed to handle someone's assets) to manage the assets they inherit until they are 18. [7] X Research source
- To name a guardian, write, "If my wife Suzanne Allen does not survive me, I appoint my sister Tina Rodriguez as the legal guardian of my minor children."
- To name a conservator, write, "If my wife Suzanne Allen does not survive me, I appoint my brother Albert Rodriguez as the conservator of my minor children's assets until they turn 18."
- Talk to the people you name as guardians or conservators ahead of time so that they can consent to the role.
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List the executor of your will. The executor is responsible for seeing that all of your assets are distributed in the way that you wished in your will. Make sure that this person is comfortable with the role before naming them, as it is a lot of work. [8] X Research source
- Include something like, "I appoint my brother Ralph Harmon as executor of my estate."
- Just in case, you might include an alternate executor. Add an additional line, such as, "If Ralph Harmon does not survive me or is ineligible for serving as my executor, then I appoint my friend Leila Simmons as executor of my estate."
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Sign your will. Once you've written or typed out your will, sign your name and include the day's date. No matter what type of will you choose, you'll need to include the date and signature for it to be valid. [9] X Research source
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Choose 2 witnesses to sign your will. These individuals need to be present when you sign your will. They are also responsible for signing the will themselves to verify that they were present. To make sure your will is valid, opt for witnesses that are not beneficiaries in your will. They also need to be at least 18 years old under California law. [10] X Research source
- Make sure your witnesses add a date next to their signatures to make it valid.
- You don't need a notary under California law, just 2 witnesses. [11] X Research source
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Write a new will or add an amendment if you need to make changes. It's possible that your plans will change throughout your lifetime. If you get remarried or acquire new assets, write a new will to accommodate these important changes. As an alternative to drafting a new will, amend your current will with a codicil. To do that, you'll need the signature of 2 witnesses, your signature, and the day's date. [12] X Research source
- An example of a codicil would read, "I, Kate Smith, currently residing at 5309 SE 78th Ave, declare that this is a codicil to my last will and testament." Include the date of when your original will was signed to make your codicil irrefutable.
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Use a fill-in-the-blank form to write a statutory will. This is a simple option that allows you to print out a form online to compose your will. These forms are written according to California probate law and are available to download for free. Click https://www.sclawlib.org/wp-content/uploads/2021/01/3_Will-Form.pdf for an example of a fill-in-the-blank statutory will form. [13] X Research source
- To fill out a statutory will form, you'll need 2 impartial witnesses that are not listed as beneficiaries in your will. Pick 2 witnesses and make sure to include their signatures if you go with this option!
- Be extra careful while you fill out these forms. Crossing out words or whiting out typos will make your will invalid. If you mess up, print out another form and start over.
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Hire an attorney to help you write your will if you have a larger estate. Though you don't need one under California law, a lawyer can give you legal advice on how to manage and divide a large, complex estate. To find a reputable estate lawyer, search online for one in your area or seek out a recommendation from your family and friends. [14] X Research source
- You might try hiring an estate attorney if you have many notable assets (i.e. multiple homes), children from multiple marriages, or complex business arrangements.
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Write a holographic will if you don't have any witnesses. A holographic will is a handwritten option that doesn't require witnesses. To make this will valid, handwrite your will in legible handwriting (typing it will make it invalid in California) and include your name and address on each page. [15] X Research source
- A holographic will might be more vulnerable to being contested in court. This is because there were no witnesses to attest to the fact that you were mentally competent and not under duress when you wrote it.
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Warnings
- Keep your will in a safe place so that it's not lost or tampered with. You might try a locked file cabinet or a folder in which you keep important documents. No matter where you keep it, tell your executor where you put it. That way, they'll know where to access your will upon your death. [16] X Research sourceThanks
- Codicils can sometimes cause confusion and lead to your will being challenged in court upon your death. You might consider writing a new will instead to avoid this. [17] X Research sourceThanks
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References
- ↑ https://www.findlaw.com/state/california-law/california-wills-laws.html
- ↑ https://www.findlaw.com/estate/wills/sample-basic-will-annotated.html
- ↑ https://www.businessinsider.com/personal-finance/how-to-make-a-will-without-a-lawyer
- ↑ https://money.usnews.com/money/personal-finance/articles/estate-planning-tips-to-keep-your-money-in-the-family
- ↑ https://www.businessinsider.com/personal-finance/how-to-make-a-will-without-a-lawyer
- ↑ https://money.usnews.com/money/personal-finance/articles/estate-planning-tips-to-keep-your-money-in-the-family
- ↑ https://www.findlaw.com/estate/wills/sample-basic-will-annotated.html
- ↑ https://www.aarp.org/money/investing/info-2019/15-minute-will.html
- ↑ https://www.businessinsider.com/personal-finance/how-to-make-a-will-without-a-lawyer
- ↑ https://vololaw.com/can-a-beneficiary-witness-a-will-in-california/
- ↑ https://www.findlaw.com/state/california-law/california-wills-laws.html
- ↑ https://www.philanthropyworks.org/gift-planning-field-guide/estate-planning/sample-codicil-will
- ↑ https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=1.&chapter=6.&article=3 .
- ↑ https://www.aarp.org/money/investing/info-2019/15-minute-will.html
- ↑ https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=1.&chapter=2.&article=
- ↑ https://www.moneyhelper.org.uk/en/family-and-care/death-and-bereavement/storing-your-will-where-others-can-find-it
- ↑ https://www.findlaw.com/forms/resources/estate-planning/last-will-and-testament/changing-a-will.html
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