A will is a legal document created under very strict state guidelines, outlining the final instructions that must be executed upon the testator’s death. Although it is advisable to create a will under the careful guidance of a qualified probate lawyer, you also have the option to create your own. If you seek legal advice while writing your own will in Roseville, CA, the law firm of Meissner, Joseph & Palley, Inc. is here for you.
When it comes to will preparation, the California Probate Code states that both formal and holographic wills are legal and valid. A formal will is one that is created by a licensed attorney, whereas a holographic will is one that is created by the estate holder. There are numerous situations that may result in writing your own will, but a common reason is the value of one’s estate being below $100,000.
Will Requirements Under California Law
In order for a holographic will to be valid in the state of California, the following guidelines must be obeyed:
- You must be at least 18 years of age when drafting your will.
- Hand-write the will on a blank sheet of paper with no letterheads or logos of any kind.
- State your full name and address.
- State that you are of sound mind and under no duress to create the will.
- State that this is your last will and testament, and that it supplants all previously created wills.
- State your spouse and/or your children. If you have none, indicate so on the will.
- Indicate your beneficiaries and who will inherit which assets. Be specific.
- Appoint the legal guardian for any children under the age of 18.
- Appoint the legal PR who will be responsible for the estate distribution and probate process.
- If you intend to disinherit a potential beneficiary, state this in the will. Simply not mentioning a name may lead to unnecessary complications during the distribution process.
- State that a bond is waved for any executor of your will.
- Sign and date the will. No witnesses or notarization is required.
How We Can Help With Your Will
It is important to note that a holographic will does not prevent a probate process upon your death. Thus, if you are indeed writing your own will in Roseville, CA, rest assured that probate lawyer John B. Palley is available to answer any questions or concerns you may have regarding will preparation.
Please do not hesitate to contact the law firm of Meissner, Joseph & Palley, Inc. today, and we will be happy to help your family prepare for probate! Call us at 916-774-0560 or fill out the form below.