What Is a Last Will and Testament?
A last will and testament is a legal document that directs how your property is distributed after death, names the executor who manages your estate through the probate process, and — critically for parents — names a guardian for any minor children. Without a valid will, California's intestate succession laws determine who inherits your estate and a judge appoints a guardian for your children.
In California, a will must be in writing, signed by the testator (you), and witnessed by at least two adults who are present at the same time and who are not beneficiaries under the will. California Probate Code §6110 sets out these requirements. A will that fails to meet them can be rejected by the probate court.
It is worth noting that even a valid will does not avoid probate in California. For that, you need a living trust. Most Sacramento-area families benefit from having both.
Types of Wills in California
Attested Will (Attorney-Drafted)
A typed will signed before two witnesses. This is the standard for estate planning — it is clear, unambiguous, and unlikely to be challenged in court. An attorney ensures it meets all California execution requirements and accurately reflects your intentions.
Holographic Will
California recognizes handwritten wills (Probate Code §6111) if the material provisions are entirely in the testator's handwriting and signed. No witnesses are required. However, holographic wills are frequently challenged — courts must determine what is and isn't in the testator's hand, and ambiguous language creates expensive disputes.
Pour-Over Will
Used alongside a living trust. The pour-over will "catches" any assets that were not transferred into your trust before death and directs them to the trust at death. Even with a comprehensive trust, a pour-over will is an essential safety net — any asset outside the trust at death would otherwise pass by intestate succession.
Testamentary Trust Will
Creates a trust within the will itself, which comes into effect at death. Assets pass through probate first, then fund the trust. Less commonly used than a living trust because it doesn't avoid probate, but can be appropriate for certain situations — particularly when leaving assets to minor children.
What a Will Can and Cannot Do
✓ A Will CAN:
- Name who inherits your probate assets
- Name a guardian for your minor children
- Name your executor
- Specify burial or cremation wishes
- Leave specific gifts of property or money
- Disinherit someone (with proper drafting)
- Create a testamentary trust for children
✗ A Will CANNOT:
- Avoid probate (only a trust does that)
- Override a beneficiary designation on a life insurance policy or retirement account
- Override joint tenancy with right of survivorship
- Control assets held in a trust
- Take effect while you're alive (that's a POA)
- Make healthcare decisions (that's an AHCD)
Dying Without a Will in California
If you die without a valid will (intestate), California Probate Code §6400 et seq. determines who inherits your estate. The results frequently surprise families:
- Unmarried partners receive nothing. Regardless of how long you've been together, an unmarried partner has no inheritance rights under California intestate law.
- Your children may inherit directly — without a trust to protect them. A 19-year-old inheriting $300,000 with no restrictions is not always what parents would choose.
- A judge appoints your children's guardian. Without a will naming a guardian, the court decides who raises your children. Family members may disagree — publicly, in court.
- Blended families face complications. Intestate succession may split assets between a current spouse and children from a prior relationship in ways that don't reflect your wishes.
- Charities receive nothing. If you wanted to leave something to a cause or institution, intestate succession ignores that entirely.
Frequently Asked Questions
How much does a will cost in Sacramento?
A standalone will package (will, durable power of attorney, advance healthcare directive, HIPAA authorization) typically costs $1,500–$2,500 as a flat fee. If you also need a living trust, a comprehensive estate plan for a married couple ranges from $2,500 to $4,500 depending on complexity. Call (916) 674-2066 for a specific quote.
Can I write my own will in California?
Yes — California allows handwritten (holographic) wills without witnesses. However, DIY wills are frequently challenged, contain ambiguous language, and miss important provisions. An attorney-drafted will costs relatively little and provides certainty that your wishes will be honored.
Does a will avoid probate?
No. A will must go through probate to take effect in California. If avoiding probate is a goal — and for most Sacramento homeowners it should be — you need a living trust. Many families use both: a trust for major assets and a pour-over will to catch anything outside the trust.
Can I disinherit my child in California?
Yes, but it requires specific language. Simply leaving a child out of a will is not enough — California's pretermitted heir statute (Probate Code §21620) may award an omitted child a share of the estate if the court determines they were accidentally forgotten. To intentionally disinherit a child, the will must explicitly state the intention.
What if my will is from another state?
California will generally recognize an out-of-state will if it was validly executed under the laws of that state. However, California-specific issues (community property, Prop 19, Medi-Cal) may not be addressed. We recommend having any out-of-state will reviewed by a California attorney.
How often should I update my will?
Review your will — and your entire estate plan — every 3 to 5 years or after major life events: marriage, divorce, birth of a child or grandchild, death of a named beneficiary or executor, significant change in assets, or a move to a different state.
Get Your Will Done Right
Call Sacramento wills attorney Dustin MacFarlane — California Certified Specialist — for a consultation. Flat-fee pricing. Every client works directly with Dustin.
6957 Douglas Blvd., Granite Bay, CA 95746