All adults should have an estate plan that outlines what they want to happen with their assets when they pass away. A will is one option that’s available to do this. Because a will is a legal document that might need to be enforced by the court, it is critical to have it set up properly.
Each state has its own requirements for wills, so it’s critical that you understand California’s if you reside in this state. For example, you have to be at least 18 years old and of sound mind to create the will. This means that only adults who understand what the will does and how it will affect their property can create a will.
Basic requirements for a will in California
Wills in California must be in writing. They can be handwritten, typed or printed as long as they meet specific requirements. You have to sign the will and it must be witnessed by two people who are there when you sign the will. All witnesses have to be present at the same time.
If you use a handwritten will, which is known as a holographic will, it must be written and signed solely in your handwriting. You don’t need any witnesses for this type of will. While this might sound like an easier option, it leaves more room for misinterpretation and is more likely to be challenged.
California doesn’t require wills to be notarized, but it is often beneficial to take that step. It can minimize the chance of issues while the will moves through the probate process.
Remember that once you create the will, you can’t just forget about it. You need to check it periodically to ensure it still reflects your wishes. It may be beneficial to have someone familiar with estate planning to work with you throughout the process.