Wills and Pour-Over Wills in California

A California will says who receives property that passes under the will, who serves as executor, and, when you have minor children, who you nominate as guardian. Carmen B. Marquez has practiced since 2001. CBM Estate & Trust Law was founded in 2012. The office is at 2655 First Street, Suite 110, Simi Valley, CA 93065. This page is general information, not legal advice. We do not handle probate matters.

What a will does in California

A will names beneficiaries, names an executor, and can nominate guardians for minor children. It speaks at death. It does not manage your accounts if you are living but unable to sign. That is the job of a power of attorney and, for medical decisions, an advance health care directive. Read California durable power of attorney and advance health care directive.

Limits of a will alone

A will alone may go through probate. Assets over the small estate limit may go through probate. A will tells the court your choices. It does not, by itself, skip that process for assets that pass under the will. A trust may help avoid probate for assets titled in the trust. We do not handle probate matters.

California has no estate or inheritance tax. A will does not create one, and it does not remove federal estate tax for a very large estate. The guide is California estate and inheritance tax.

Pour-over wills: the safety net for a living trust

A pour-over will catches assets left outside the trust and sends them toward the trust after death. It is a backup. It is not a reason to skip funding during life. Property the will has to catch may still need a court process before it reaches the trust. A trust may help avoid probate for assets already titled in the trust. We do not handle probate matters. The trust side of this choice is Living trusts.

Guardianship nominations for minor children

Parents use a will to nominate a guardian of the person and, when useful, a guardian of the estate for a minor child. The nomination states your preference. A court still makes the appointment. The will is the usual place for that nomination, including when a living trust holds the parents' house.

Will vs living trust

A will and a living trust do different jobs. A will covers what passes under the will and can name a guardian. A funded living trust may help avoid probate for assets titled in the trust, and it can name a successor trustee for incapacity as well as death. Many families use both. The comparison is Living Trust vs Will in California. A living will is a different document from either one: Living will vs. living trust in California. A transfer-on-death deed is a third path for a house, with its own limits: TOD deed vs living trust.

Updating or replacing an old will

Review a will after a marriage, a divorce, a birth, a death, a move into California, or a large change in what you own. A later will can revoke an earlier one when it is signed in the way California requires. Handwritten notes in the margin are not a safe way to amend. Bring the original, and any later documents, to a consultation before you rely on them.

Legal plans

CBM also accepts ARAG legal plan members. CBM Estate & Trust Law accepts MetLife Legal Plans for most estate planning services, including coverage for a spouse and dependents where the plan includes it (specific coverage depends on your employer's plan; Private Clients can add uncovered services). MetLife members can also upgrade to CBM's Private Client package at a reduced rate if they want services beyond what's covered. Mention MetLife when booking.

FAQs

What is a pour-over will?

A pour-over will is the will that accompanies a living trust. It catches assets left outside the trust and directs them to the trust. It can also nominate a guardian for minor children. It does not fund the trust during your life. Assets it has to catch may still go through probate. We do not handle probate matters.

Do wills go through probate in California?

A will alone may go through probate. A trust may help avoid probate for assets titled in the trust. Assets left outside the trust may still need a court process. We do not handle probate matters.

Is a handwritten will valid in California?

A handwritten will can be valid in California only when it meets the statutory requirements, including the signature and handwriting rules. Many handwritten wills miss a required piece or leave out a guardian nomination. This page does not say that a particular handwritten will is valid. Bring the document to a consultation.

Do I need a will if I have a living trust?

Often yes. A pour-over will nominates a guardian for minor children and catches assets left outside the trust. The trust does not do that guardian nomination by itself. A trust may help avoid probate for assets titled in the trust. We do not handle probate matters.

How often should I update my will?

There is no single number of years. Review it after marriage, divorce, a birth, a death, a move, or a major change in property or in the people you named. An old will can still be the one a court would follow if you never replaced it correctly.

Can I name a guardian for my children in my will?

Yes. A California will can nominate a guardian for your minor children. The nomination records your choice. The court makes the appointment. Tell the person you name, and review the choice when your family changes.

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Call (805) 915-4793 or use the contact page. The office is at 2655 First Street, Suite 110, Simi Valley, CA 93065.