Estate Planning

If you die without a will in California, your community property passes entirely to your surviving spouse — unless you have children from another relationship, in which case only one-half goes to your spouse and the other half to your children.

Yes, California recognizes holographic wills if the material provisions and signature are in the testator's handwriting.

A valid will in California must be in writing, signed by the testator (or by another at their direction), and witnessed by at least two people who sign within 30 days of each other and in the testator’s presence.

In California, a person has testamentary capacity if they are at least 18 years old and of sound mind — meaning they understand the nature of making a will, know their property and family members, and can form a rational plan for distribution.

If you die without a will in California, your estate is distributed according to state intestacy laws — typically to your closest living relatives, starting with your spouse and children.

If you die intestate in California, your separate property passes first to your surviving spouse (if any), then to your children, and if none, to other relatives following a strict statutory order.

Yes, you can disinherit your child in California, but only by clearly expressing that intent in a valid will or trust — California does not require you to leave anything to adult children.

A no-contest clause is a provision in a will or trust that penalizes a beneficiary who challenges the document; in California, it is enforceable only against 'direct contests' brought without probable cause.

Yes, you can contest a will in California if you are an interested person and have legal grounds such as lack of capacity, undue influence, fraud, or improper execution.

No, a beneficiary cannot serve as a witness to a will in California — doing so may cause the beneficiary to lose their gift under the will.

Yes, you can amend or revoke your revocable trust without going to court in California, as long as you follow the method specified in the trust document and are mentally competent.

Yes, a trustee in California can be removed for breach of duty, including failure to perform duties, mismanagement of trust assets, or acting against the trust’s purpose.

A trustee in California owes beneficiaries duties of loyalty, prudence, impartiality, accounting, and prudent investment — all codified in the Probate Code and enforced by courts.

An advance health care directive in California is a legal document that lets you name a health care agent and give instructions about your health care if you become unable to make decisions for yourself.

A durable power of attorney in California is a legal document that lets you appoint someone (an 'agent') to manage your financial or healthcare decisions even if you later become incapacitated.

A power of attorney in California takes effect either immediately upon signing (for most POAs) or at a future date or event (for 'springing' POAs), as specified in the document.

Conservatorship in California is a court-supervised arrangement where a responsible person (conservator) manages the personal care or financial affairs of an adult who cannot do so due to mental or physical limitations. It is needed when someone is substantially unable to meet their own health, safety, or financial needs.

In California, a conservatorship of the person gives authority to make health and personal care decisions for someone who cannot do so themselves, while a conservatorship of the estate gives authority to manage their financial assets and property.

An omitted spouse is a person who married the decedent after the will was signed and is not provided for in the will; they may claim one-half of the community property and one-half of the separate property acquired during marriage, unless the will shows intent to omit them or they were provided for outside the will.

An omitted child in California is entitled to receive a share of the parent’s estate equal to what they would have inherited if the parent died intestate, unless the will shows clear intent to exclude them or they were provided for outside the will.

Yes, in California, you can create a revocable living trust to avoid probate for assets properly transferred into the trust.

The probate process in California typically takes 9 to 18 months, but can take longer if the estate is complex, contested, or involves real property sales.

In California, the small estate affidavit procedure allows heirs or beneficiaries to claim personal property worth $184,500 or less (as of 2024) without probate by filing a sworn affidavit after waiting 40 days from the decedent’s death.

In California, an executor must manage the estate, pay debts and taxes, distribute assets to beneficiaries, and file required court reports. Compensation is set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on.

A pour-over will is a last will and testament that 'pours over' any assets not already in a living trust into that trust upon the person's death, ensuring all property is distributed according to the trust’s terms.