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A will directs who receives what. It does not avoid court.
That distinction costs California families more money than almost any other misunderstanding in estate planning. A will is still essential, but for reasons most people have never been told.
Names guardians
The only document that can nominate a guardian for minor children.
Backs up the trust
A pour-over will captures assets never retitled.
Goes through probate
A will is administered by the court, not around it.
Becomes public
Filed wills are part of the public court record.
What a will can do that nothing else can
A will is the only document that nominates a guardian for your minor children. No trust, no beneficiary designation, and no power of attorney can do this. If you have children under eighteen and no will, a judge selects from among whoever petitions the court.
A will also catches whatever your trust does not hold. Called a pour-over will, it sweeps any asset you forgot to retitle into the trust after your death: a safety net, not a substitute for funding the trust properly in the first place.
What a will does not do
A will does not avoid probate. It is, in fact, the instrument that probate administers. If your estate exceeds California's small-estate threshold and no other mechanism transfers title, your will goes to the Superior Court and the statutory fee schedule applies.
A will also becomes a public record once filed. Anyone can read what you left, to whom, and in what proportions.
California formalities
A typed will must be signed by you and witnessed by two people present at the same time, neither of whom should be a beneficiary. California also recognizes a holographic will, entirely handwritten and signed by you, valid without witnesses. But these generate contested proceedings at a strikingly high rate.
Do-it-yourself forms fail most often on witnessing, on stale beneficiary designations that override the will entirely, and on language that is ambiguous enough to invite a challenge.
Common questions
Wills
Is a handwritten will valid in California?
It can be. A holographic will must be signed and have its material provisions in your own handwriting. It does not require witnesses. But these are contested far more often than formally executed wills, and ambiguity in your own words is resolved by a judge, not by you.
Do I need a will if I have a trust?
Yes. You need a pour-over will as a backstop, and if you have minor children you need it for the guardianship nomination regardless of what your trust says.
Does my will control my 401(k) and life insurance?
No. Beneficiary designations control those assets and they override your will completely. An outdated designation naming an ex-spouse defeats even the most carefully drafted will. Reviewing them is part of the engagement.
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