Who Should Have A Will?

February 2, 2012 by Mitchell A. Port

If you live in California, you should have a will. This is true whether you have young children, are single, married, or own even a nominal amount of personal assets or property.

You should have a will in order to control the disposition of your property.

Even if you have a living trust you should also have a will because without a will, any property not named in the living trust will pass according to California probate law rather that according to your wishes. Moreover, when you die without a will, the state will distribute your property according to a preset formula, excluding charities and relatives, unmarried partners and friends.

To create your will you only need to be "of age" and of "sound mind".

If a will is valid in the state where it was created, California probate courts will almost always consider it valid. The only requirement in California for a will to be valid is that it must be signed by the person making the will and at least two disinterested witnesses. To make it easy to make a will, California has created a form called a statutory will in which you fill in the blanks. California also recognizes holographic wills which is a will entirely in your own writing and signed by you without a witness. California does not require that wills be notarized.

For a free consultation, call a California probate law attorney. Call Mitchell A. Port at (310) 559-5259.