California Last Will and Testament, California Statutory Will

What Is a California Statutory Will?

A California statutory will is a simplified will form that is designed to meet the State of California’s legal requirement in the creation of a will. The State Bar of California provides a California statutory will for the public to use. You can access it by clicking this link. It will open a PDF file. You can find the form directly under the questions and answers about wills.

Who Should Use a California Statutory Will?

In the simplest terms, a California statutory will is a form you complete to make your own will. However, it’s very basic. It’s best used by individuals who do not have a complicated estate. It allows individuals to choose whether they’d like to leave all of their belongings to their spouse or domestic partner, leave nothing to their spouse or domestic partner, all of their assets to one specifically named individual who is not a spouse or domestic partner, or to divide their assets equally among two or more individuals.

It also specifically addresses cars, household items, and personal effects such as furniture or jewelry. It providers the same four choices as with the first question. It also has an optional area to make cash gifts to individuals or charities.

Another important aspect of a California statutory will is that it provides a space to name a guardian for a minor child as well as discussing how property left to the minor should be held and cared for until the minor turns 25 years old.

Toward the bottom of the form, the executor is designated.

A California Statutory Will Does Not Address Trusts

A California statutory will is not well suited for individuals who have or who plan to create a trust as part of their estate plan. If you have assets that you plan to preserve or worry about capital gains, estate taxes, or other issues, you’ll want to talk with an estate planning lawyer to create an estate plan to meet your needs.

Related:  Wills and Estate Planning: Talking to a Lawyer

Are You a Beneficiary or Heir to an Estate in California?

If you’re a beneficiary or heir to an estate in California that’s currently in probate, ProbateSimple may be able to help you collect your inheritance faster and easier. To learn more about our services and to find out if you’re eligible, please take a few minutes to answer a few easy questions!

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