Have you ever felt that planning for the future is more than picking a few documents and hoping everything works out as intended? Estate planning involves far more than forms and signatures.
At Blacksburg Law, we work alongside you to create instructions for managing your property, caring for your responsibilities, and expressing your values. In this article, we’ll discuss the different types of wills recognized in California, along with the basic steps for creating one that fits your circumstances.
Putting your wishes in writing is a practical way to help loved ones when you’re gone. A will explains who should receive your property and how it should be divided. If there’s no written plan, the division may follow state laws, which might not align with your aims.
We see plenty of people who think a will is optional, only to discover the headaches caused by disputes or confusion. When you leave clear directions, it lessens the chance of misunderstandings or tension among family members. It’s also vital to remember that any will goes through probate, a court process that confirms its validity and authorizes the transfer of assets.
Individuals sometimes compare a will with a living trust, which usually bypasses probate. Many choose to have both, with a will acting as a safeguard for assets not properly placed into a trust.
California recognizes several types of wills, each with its own requirements. These variations cater to different needs, from simple arrangements to more intricate frameworks that protect young beneficiaries or large estates. We’ll look at the common forms used today.
A simple will is a short document naming beneficiaries who receive your assets upon your death. It also designates someone, called an executor, who ensures the plan is carried out. People with fewer assets or a straightforward distribution plan often use this format. The main drawback is that assets typically must pass through probate, which can delay the process.
When you have minimal property or just a handful of beneficiaries, you might prefer this structure. It’s more direct but might not include the deeper asset protections or special instructions that larger estates may need. Simple as it might be, it still needs to meet California’s legal requirements for witnesses and signatures.
This type of will creates a trust upon your passing. Instead of distributing property directly, it funnels assets into a trust meant to manage resources for certain parties. You might set it up for a child, a family member with health concerns, or individuals who may benefit from having managed funds.
We often see testamentary trust wills used when a parent or caregiver wants assets distributed gradually or for specific caregiving costs. The will is still probated, but the trust emerges as soon as the court process is done, allowing assets to be managed for a longer term.
A joint will is a single document created by two married people. It states that each spouse leaves property to the other, with provisions about what happens after the second spouse passes. This approach allows couples to align their instructions, but it can be tough to amend if circumstances change.
Because both spouses sign one document, making changes once one spouse has passed is complicated. Some choose instead to write two mirrored wills that share matching language but can be updated if needed. Still, a joint will might make sense if you and your spouse have firm plans for how to pass on shared property.
A holographic will is one that’s fully handwritten by the person making it. California accepts these if they’re dated, signed, and written entirely in that person’s handwriting. No witnesses need to be present at the signing, which can be handy if there’s no time for a formal approach.
Yet, it’s wise to have someone verify your handwriting or keep samples that confirm the will is authentic. Although it’s faster to draft, a handwritten will can lead to confusion if it’s not clearly worded. People sometimes scribble last-minute changes that can cause unwanted disputes.
A statutory will is a fill-in-the-blank form approved by California law. It lets you check boxes, name beneficiaries, and assign duties to an executor. You should follow the instructions closely, avoid altering it, and sign it before two witnesses.
While it provides a structured outline, you can’t customize it too deeply. If you try to insert special provisions, you might invalidate the document. It is designed for those with simpler plans who want an official template without drafting an entire legal text.
A pour-over will pair with a living trust. Anything not transferred into the trust during your lifetime is “poured” into the trust once you pass on. This adds a level of protection since the trust retains control of those assets.
However, the property may still go through probate first unless the amount is below the threshold that triggers a formal court procedure. If you have an existing trust, it’s often a good idea to draft a pour-over will, making sure stray assets aren’t left outside the trust.
A growing area of discussion revolves around the handling of digital currencies and other online-only assets. A “crypto will” addresses the distribution of cryptocurrencies, while a “blockchain will” is stored using decentralized technology. Certain people see it as a fresh way to track your instructions with strong recordkeeping.
These concepts are still evolving. While code-based directives may become more normal in the future, current laws might be slow to confirm their validity. That said, if you hold digital coins and want to be sure they’re covered, we suggest you consult a professional who is aware of the proper methods to document your requests.
After reviewing the different will types, you might wonder how to ensure your document meets California’s legal standards. Below, we highlight the main requirements for creating a valid will.
California law says you must be at least 18 years old and mentally competent to draft a will. A typewritten will typically require two witnesses who are present at the time of signing. They must also sign, confirming they saw you sign freely.
Here are three other key points to remember:
A holographic (handwritten) will has different rules, mainly requiring it to be written entirely in your handwriting with your signature. Whether you pick a typed will or a handwritten one, pay attention to details so a judge won’t question if it’s valid.
Once you know the steps to make it valid, the next question becomes which type of will matches your circumstances. We explore a few guiding points below.
Every person’s goals and responsibilities differ, so the right approach depends on your life details. If your estate is modest or you have a handful of beneficiaries, a simple will might make sense. If you have a child with health conditions, a testamentary trust could add an extra layer of care.
We also talk with clients who want to integrate a living trust, in which case a pour-over will is part of the plan. Others might be curious about crypto or blockchain wills to address digital assets. Whatever you choose, it helps to chat with a will lawyer who knows how these options fit together.
| Will Type | Key Feature | Best Fit |
| Simple Will | Names beneficiaries and an executor | Individuals with direct estate wishes and few assets |
| Testamentary Trust Will | Creates a trust upon death | Protecting minor kids or those needing managed funds |
| Joint Will | Single document for a married couple | Couples wanting shared instructions in one place |
| Holographic Will | Entirely handwritten and signed | Situations needing an informal but valid arrangement |
| Statutory Will | Standard fill-in-the-blank form | Simpler estates that fit the approved template |
| Pour-Over Will | Funnels leftover property into a living trust | Individuals who already have a living trust set up |
By looking at this table, you can see how each option suits specific goals. If you’re unsure which route is best, a conversation with someone who focuses on estate planning can help you weigh your needs.
If you’d like to explore whether a trust might fit your family or you’re unsure how to structure your will, reach out to us. We’ll collaborate with you to form arrangements that respect your wishes and keep your loved ones protected. Feel free to call us at 415-508-5600 or visit the Contact Us page for more information. We’re here to walk you through the will-making process so that you and your loved ones have added peace of mind.
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