Sonoma Wills Attorney
Who Has a Will in the United States?
According to Legal Zoom, as many as 55 percent of American adults do not have a will or other estate plan in place. This number has remained fairly steady from 2000 to the present, although the number of American adults who have advanced medical directives has increased. Those adults who do have wills are typically older—in the 1990s, more than 90 percent of the wills probated in the United States were made by those who were 60 years or older. California, like all states in the U.S., has specific laws and rules regarding what makes a will legal in the state.
Rules for Making a Will in California
Anyone who is over the age of 18 and is of “sound mind” can make a will in California. Sound mind means the person understands he or she is making a will and leaving their assets to chosen loved ones in the will. In California, the testator (the person making the will) and two witnesses must sign the will. If the testator is unable to sign the will, he or she may designate another person to sign the will, while witnessing that signature. If one of the witnesses is also a beneficiary, a third witness must be added in order for that witness to keep his or her inheritance. Otherwise, the bequest will be considered void, and that person can only receive an inheritance which is equal to what he or she would have been entitled to, had the testator died without a will (The remainder of the will is unaffected). As a general rule, beneficiaries NEVER witness a will.
How Marriage Affects Your Will in the State of California
Revoking a Will in California
Once a will is signed and witnessed in the state of California, it can be revoked in one of three ways. The testator can revoke the will when he or she makes a new will stating all prior wills are revoked. The testator can destroy the will by burning or shredding—or some other method which completely destroys the will. The third manner in which a California will can be revoked is when a testator is married at the time the will is made, then divorces. Only the part of the will which left property to a former spouse is considered revoked unless the will specifically state that even in the event of a divorce the will’s contents stands.
Oral and Handwritten Wills
Oral wills (nuncupative) are not permitted in the state of California—all wills must be in writing and signed by the testator unless the testator is so mentally or physically incapacitated that a guardian or conservator has been appointed to manage the testator’s affairs. In this case, the guardian or conservator is allowed to prepare and sign a will on behalf of the testator. Handwritten wills (holographic wills) are legal in California and do not require witness signatures so long as the provisions are in the testator’s handwriting, however, if a handwritten will is not dated, the validity may be challenged. Should you die without a will, your estate will be handled by the state of California, and your assets will be distributed to your heirs under California law. If no heirs are found, the state of California will keep your assets.
Stories That Speak
Trusted by Our Community, Proven Through Results
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Eric and Ashley made updating my trust, will, and healthcare directives fast, easy, and painless. Efficient and thorough service every step of the way!- Stephanie G.
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Ashley’s warm welcome and Eric’s thorough, reassuring approach made estate planning easy. Don’t delay—great service for a better tomorrow!- Tracy S.
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Eric Gullotta and his team exceeded expectations, providing thorough, compassionate, and efficient support in revising trust documents. Highly recommended!- Beverly H.
Rooted in Community, Driven by Integrity
Our Commitment to You
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Committed to Giving BackAs active and involved members of the Sonoma community, we are dedicated to making a positive impact, both professionally and personally, for the people we serve.
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Always Available for ClientsWe believe in making ourselves accessible to clients when they need us most. We are committed to providing responsive support throughout the entire probate process.
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Deep Roots in the CommunityBorn and raised in Sonoma, we are deeply familiar with the local community and its values, allowing us to provide a personalized, compassionate approach to every case.
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Expertise in Complex CasesWe have the knowledge and experience to handle even the most complex probate and estate matters, providing expert solutions tailored to your unique situation.
The Difference Between Wills and Trusts
While there are definite differences between a will and a trust, both are useful estate planning devices which serve different purposes. Wills and trusts can work together to create a comprehensive estate plan. Even if you have a trust, there are reasons to have a will as well. If you have minor children, you cannot name a guardian for them in your trust, therefore you need a will. A will also provides a backup plan for any property which does not make it into your trust. As an example, if you acquire new property and do not get it added to your trust prior to your death, then the property will not pass under the terms of the trust. You can use your will to name beneficiaries for any property which is not fully covered under your trust.
While a will goes into effect only after your death, a trust goes into effect as soon as it is created and funded. A trust can be used to begin distributing your property prior to your death, upon your death, or at some time in the future after your death. A will states who will receive your property only after your death, appointing a legal representative to carry out your wishes. Trusts typically have two types of beneficiaries—one set who receive an income from the trust during their lives, and another set of beneficiaries who receive whatever is left over in the trust after the death of the first set of beneficiaries.