Wills
California Will Attorneys — Will Drafting & Pour-Over Wills
Drafted to California Probate Code §6110 — Serving San Francisco, Sacramento & All of California
FREE CONSULT: (415) 275-1492
Wills
Drafted to California Probate Code §6110 — Serving San Francisco, Sacramento & All of California
A will written to be enforced — not just signed.
California will law has hard rules: two witnesses, neither a beneficiary, both present at signing. We draft, witness, and store wills that satisfy those rules — and that hold up when a relative shows up later with a different idea about what should have happened.
California's deadline to deliver an original will to the probate court after death (Prob. Code §8200).
A typed California will needs two adult witnesses, both present at signing — neither a beneficiary (Prob. Code §6110).
A handwritten holographic will is recognized in California with no witnesses — but is the most contested form of will (Prob. Code §6111).
What we draft
The right document depends on whether you have a trust, whether you have minor children, and whether your family situation invites contest. Most clients need a simple will or a pour-over will paired with a living trust — and a clear set of beneficiary designations that match.
Wills almost always work alongside the rest of an estate plan — a durable power of attorney, beneficiary designations, and where appropriate, a living trust.
Simple Will
A direct distribution document for clients without a trust. Names beneficiaries, an executor, and (when relevant) a guardian for minor children. Best for smaller estates without significant California real estate.
Pour-Over Will
The companion document to a living trust. Anything left outside the trust at death pours into the trust through this will, ensuring nothing follows California intestacy rules by accident.
Holographic Will
Handwritten in the testator's own hand, recognized under California Probate Code §6111. Legal but risky — heavily contested in court. We only draft these in true emergency or stopgap situations.
Reciprocal / Mirror Wills
A pair of nearly identical wills for spouses or partners — each leaving everything to the other and naming the same successor beneficiaries. Common for first marriages without complex blended-family dynamics.
Testamentary Trust Will
Creates a trust at death rather than during life — typically to manage assets for minor children, beneficiaries with disabilities, or heirs who would benefit from staggered distributions. Less efficient than a living trust but appropriate in narrow situations.
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Without a will
California Probate Code §6400 takes over the moment a person dies without a valid will. Community property passes entirely to a surviving spouse. Separate property is split among the surviving spouse and any children — half if there is one child, one-third to the spouse if there are two or more. With no spouse or children, the estate moves to parents, then siblings, then nieces and nephews.
Stepchildren inherit nothing. Unmarried partners inherit nothing. Friends and charities inherit nothing. The court appoints an administrator from among petitioning relatives. The entire process plays out in public probate court — and almost never matches what the deceased actually wanted.
What a will does
A will replaces California's default rules with your decisions. Who raises the kids. Who runs the estate. Who inherits, in what shares, on what terms. The document is short. The control it transfers is enormous.
Guardian Designations
Name a guardian for minor children — and an alternate. Without this, a California court chooses, and the family's preference is one factor among many.
Distribution Control
Decide who receives specific assets, in what proportions, and on what conditions — instead of letting California's default intestacy formula split things by statute.
Executor Selection
Pick the person who will administer your estate, file with the court, pay creditors, and distribute assets. Without a will, the court picks.
Charitable & Non-Family Bequests
Provide for stepchildren, partners, friends, and charities — none of whom inherit anything under California intestacy rules.
Reduced Family Conflict
A clear, witnessed, professionally drafted will is the single best protection against the kind of contests that turn into year-long lawsuits.
No-Contest Clause Protection
A properly drafted in terrorem clause discourages frivolous challenges by causing a contesting beneficiary to forfeit their share.
An honest look
We see the same patterns when families call us after a parent dies. The will failed not because the testator lacked intent — but because the document, the witnessing, or the storage left a door open for the court to reach a different result.
Improper Witnessing
Two witnesses are required, both present at signing, neither a beneficiary. A will signed at a kitchen table without the right people in the room is open to challenge — even when intent is obvious.
Lost or Hidden Original
California requires the original signed will, not a photocopy. A will no one can find is presumed revoked — and the estate falls into intestacy.
Vague or Ambiguous Language
"My personal effects to my family" invites litigation. Specific bequests with named beneficiaries and clear successor language do not.
Stale Beneficiary Designations
A retirement account or life insurance policy with an outdated beneficiary will override the will — every time. Wills control only probate assets.
Failed Executor Chain
Naming a single executor who predeceases the testator, or who is unable or unwilling to serve, sends the estate back to the court for an administrator appointment.
Outdated Document
A will written before a marriage, divorce, child, move, or business sale rarely says what the testator now wants — and California courts enforce what is written, not what was intended.
What's included
Last Will & Testament
The signed and witnessed original, drafted to your family's structure and California Probate Code requirements.
Guardian Designation
Primary and alternate guardians for minor children, with the reasoning documented to support the choice if challenged.
Executor Appointment
Primary executor and at least one successor, with backup language to avoid a court-appointed administrator.
Specific Bequests
Named items or amounts to specific beneficiaries — drafted with adequate detail to survive a contest.
No-Contest Clause
Tailored in terrorem language calibrated for what California courts will actually enforce post-2010 reforms.
Original + Conformed Copies
Notarized witness affidavits, the original for safekeeping, and conformed copies for your executor and family records.
As life changes
A small change — a new executor, an updated bequest, a corrected name — is best handled with a codicil. A formal amendment, witnessed to the same standard as the original will, that sits alongside the existing document.
A larger change — a marriage, a divorce, a new child, a major asset event, a move into or out of California — calls for a full restatement. We replace the document entirely, revoke the prior will explicitly, and re-execute under California Probate Code §6110. The result is a single clean instrument, not a chain of patches.
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Why us
We draft California wills the way they have to be drafted: §6110 execution, two unrelated witnesses, no-contest language tuned for what California courts will actually enforce after the 2010 reforms, and beneficiary designations cross-checked against the will so nothing slips through.
Because we also handle will and trust litigation, every will we draft is shaped by what we have seen fail. Vague bequests, weak no-contest clauses, undocumented capacity, and improperly witnessed signings are why families end up in court — we engineer those failure modes out before you sign.
Free consultation
No commitment. We'll review what you have — or sketch what you need — and give you a clear, written estimate before you decide anything.
California Probate Code Compliant. Every will is drafted to §6110 execution standards and §6111 holographic rules where relevant — calibrated for California, not a national template.
Drafted to Survive a Contest. Because we also handle will and trust litigation, we know what fails. We engineer those failure modes out before the will is signed.
Lifetime Updates. We support codicils, restatements, and executor changes as your family and assets evolve. Estate planning is a relationship, not a transaction.
Frequently asked
Yes — and most attorneys would call this non-negotiable. Even a fully funded living trust does not capture every asset by default. A new bank account, a final paycheck, a settlement check, a forgotten retirement rollover, or a piece of property you never retitled all sit outside the trust at death. A pour-over will catches anything left outside the trust and routes it back in. Without one, those assets follow California intestacy rules instead of your trust's distribution plan.
Yes. California Probate Code §6111 recognizes holographic wills — those written entirely in the testator's own handwriting, signed, with the material provisions (who gets what) in handwriting. No witnesses are required. They are legal, but they are also one of the most contested document types in California probate court. Ambiguous language, missing dates, and questions about whether the testator had capacity at the time of writing are common grounds for challenge. We do not recommend them as a primary estate planning tool, though they can be used as a stopgap in true emergencies.
A typed will in California must be signed by the testator in the presence of two adult witnesses, who must each understand they are witnessing a will and sign in the testator's presence (California Probate Code §6110). The witnesses do not need to read the will, and they should not be beneficiaries. A beneficiary who serves as a witness can lose part or all of their inheritance under California's "interested witness" rules. We arrange and supervise the signing in our office to make sure it is clean.
It is more nuanced than most people expect. A surviving spouse already owns half of all community property under California law, and you cannot will away their half — you can only direct your half. Disinheriting a spouse from your separate property is generally permissible if your will and pre/post-nuptial agreements are clear. Children, by contrast, can be disinherited entirely — but only if the will names them and explicitly states the intent. A child accidentally omitted from a will (a "pretermitted heir") is presumed to have been forgotten and may inherit a statutory share. We draft disinheritance language carefully to make sure your intent is what controls.
If you die intestate (without a will), California Probate Code §6400 and following dictate who inherits and in what shares — regardless of what you would have wanted. Community property goes to the surviving spouse. Separate property is split among the surviving spouse and children on a formula that depends on how many children survived. If there is no spouse or children, the estate moves up to parents, then siblings, then more distant relatives. The court appoints an administrator (often a relative who petitions for the role), and the entire process happens in public probate. Almost no one's actual wishes match the default formula.
Review your will after every major life event — marriage, divorce, the birth or adoption of a child, the death of a beneficiary or executor, a significant change in assets, or a move into or out of California. Outside those events, a routine review every three to five years is enough to catch beneficiary designations that have drifted, executors who have aged out, or specific bequests that no longer fit. We handle simple updates with codicils and full restatements when the changes are substantial — and we will tell you which is appropriate.
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Book a free consultation. We’ll walk through your situation and lay out the strongest path forward — including whether a flat-fee Initial Case Assessment is the right next step.
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