California Last Will and Testament Form – Downloadable Template 

Create Your California Will and Protect Your Family's Future

Looking for a California Last Will and Testament form? Our downloadable California Will template provides everything you need to create a legally valid Last Will in California—ensuring your assets are distributed according to your wishes and protecting your loved ones from the uncertainty of intestate succession.

What is a California Last Will and Testament?

A California Last Will and Testament is a legal document that allows you to specify how your property and assets will be distributed after your death, name guardians for minor children, and designate an executor to manage your estate. Unlike dying without a Will (dying "intestate"), a California Will gives you complete control over who receives your property and how your estate is settled.

Creating a California Last Will and Testament form is one of the most important estate planning steps you can take. Without a Will, California's intestate succession laws determine who inherits your property—often with results you wouldn't have chosen.

Protect Your California Family - Download Template Now - $14.95

What's Included in Your California Last Will and Testament Template Package

When you purchase our California Last Will and Testament form download, you receive:

✅ Microsoft Word (.docx) Editable Template – Fully customizable to your specific situation
✅ Fillable PDF Version – Easy form-filling for quick completion
✅ Google Docs Link – Cloud-based editing with sharing capabilities
✅ Step-by-Step Instructions – Clear guidance on California Will requirements
✅ Witness Requirements Guide – California-specific execution instructions
✅ Self-Proving Affidavit – Streamlines probate validation
✅ Instant Download – Access your forms immediately after purchase

All formats are California-compliant and designed to meet the requirements of California Probate Code § 6110 for a valid Last Will and Testament.

Download Your California Last Will and Testament Template - $14.95

Why You Need a California Last Will and Testament

Control Who Inherits Your Property

Without a California Will, state intestate succession laws determine your heirs:

• Your spouse may not receive everything (community property vs. separate property issues)

• Unmarried partners receive nothing (no matter how long the relationship)

• Registered domestic partners have same rights as spouses

• Minor children's inheritance requires court-appointed guardianship

• Stepchildren receive nothing unless legally adopted

• Family members you don't want to inherit may receive property

• Charitable organizations cannot receive bequests

• Special needs planning is impossible

A California Last Will and Testament puts YOU in control of these decisions.

Protect Your Minor Children

Your California Will allows you to:

• Nominate guardians for minor children

• Create testamentary trusts for children's inheritance

• Specify ages when children receive assets

• Protect children from irresponsible spending

• Ensure funds are available for education

• Prevent court-appointed guardianship battles

• Provide for children's special needs

• Name separate guardians for person vs. property

Avoid California's Expensive Probate System

California has one of the most expensive probate systems in the nation. A clear, legally valid California Last Will and Testament:

• Reduces family disputes over your estate

• Provides clear instructions to minimize probate delays

• Can't avoid probate but speeds up the process

• Protects your family from unnecessary legal expenses

• Ensures your executor has clear authority

• Prevents challenges from disinherited relatives

Note: Even with a Will, California probate is required for estates over $184,500 (2024 threshold). Consider pairing your Will with Transfer on Death Deeds and beneficiary designations to avoid probate on specific assets.

Get Your California Will Template Now - $14.95

California Last Will and Testament Requirements

To create a valid California Last Will and Testament, you must meet these requirements:

Testator (Will Maker) Requirements

• Age: Must be at least 18 years old

• Mental Capacity: Must be of sound mind and understand:

  • The nature and extent of your property

  • The natural objects of your bounty (who would typically inherit)

  • The disposition you're making

  • How these elements relate to form an orderly plan

• Not under undue influence: Must be acting of your own free will

Execution Requirements (California Probate Code § 6110)

• Written Document: Must be in writing (typed or handwritten)

• Signature: Must be signed by the testator (or by someone at the testator's direction in their presence)

• Two Witnesses: Must be signed in the presence of two attesting witnesses

• Witness Signatures: Witnesses must sign during the testator's lifetime

• Witnesses understand it's a Will: Testator must communicate to witnesses that the document is their Will

• No Notarization Required: California Wills don't require notarization (but see self-proving affidavit below)

Important California Witness Rules

• Witnesses should NOT be beneficiaries (creates presumption of undue influence)

• If a witness IS a beneficiary, that witness may lose their inheritance

• Witnesses must be "competent" (generally 18+, of sound mind)

• Both witnesses don't need to be present at the same time (changed in recent years)

Self-Proving Affidavit (Highly Recommended)

While not required, adding a self-proving affidavit (notarized statement by testator and witnesses) allows the Will to be admitted to probate without witness testimony. This:

• Speeds up probate significantly

• Eliminates need to locate witnesses years later

• Reduces probate complications

• Is included in our template package

Download California Last Will Template with Self-Proving Affidavit - $14.95

California Community Property vs. Separate Property

CRITICAL: California is a community property state. Understanding this is essential for estate planning:

Community Property

• All property acquired during marriage (except gifts/inheritance)

• Both spouses own 50% regardless of whose name is on title

• Each spouse can only dispose of their 50% in their Will

• Surviving spouse automatically keeps their 50%

• Common examples: salary earned during marriage, homes purchased during marriage, retirement accounts accumulated during marriage

Separate Property

• Property owned before marriage

• Gifts or inheritance received by one spouse

• Property acquired after permanent separation

• Property designated as separate in a prenuptial agreement

• Each spouse can dispose of 100% of their separate property in their Will

Quasi-Community Property

• Property acquired while living in another state that would have been community property if acquired in California

• Treated as community property for estate distribution purposes

Planning Tip: Your California Will should clearly distinguish between community and separate property to avoid confusion and potential challenges.

What You Can Include in Your California Last Will and Testament

Our California Last Will and Testament template allows you to:

Asset Distribution

• Real estate (homes, land, investment properties, vacation homes)

• Community property (your 50% share)

• Separate property (your entire interest)

• Bank accounts and investments

• Vehicles, boats, RVs, and recreational vehicles

• Business interests and partnership shares

• Digital assets and cryptocurrency

• Collections, jewelry, and heirlooms

• Intellectual property and royalties

• Specific bequests to individuals or charities

• Residuary estate (everything not specifically mentioned)

Executors and Guardians

• Name your executor

• Designate alternate executors

• Nominate guardians for minor children (for person and/or estate)

• Name alternate guardians

• Waive bond requirements for executor

• Grant specific powers to executor

Trust Provisions

• Create testamentary trusts for minor children

• Specify trustee and successor trustees

• Set distribution ages and conditions

• Protect special needs beneficiaries (without disqualifying government benefits)

• Provide for pet care trusts

• Educational trusts for grandchildren

Special Instructions

• Funeral and burial preferences

• Organ donation wishes

• Digital asset access instructions

• Family business succession plans

• No-contest clauses (carefully drafted to comply with California law)

• Specific instructions for personal property distribution

California Intestate Succession: What Happens Without a Will

If you die without a California Last Will and Testament, California's intestate succession laws (California Probate Code § 6400-6414) determine who inherits:

If You're Married (or Registered Domestic Partner)

Community Property:

• Surviving spouse/partner inherits 100% of decedent's share of community property

Separate Property:

• Spouse inherits 100% IF no surviving children, parents, siblings, or their descendants

• Spouse inherits 50% and children inherit 50% IF one child or descendants of one deceased child

• Spouse inherits 33% and children inherit 67% IF more than one child or descendants

• Spouse inherits 50% and parents inherit 50% IF no children but parents survive

• Spouse inherits 50% and siblings inherit 50% IF no children or parents but siblings survive

If You're Unmarried

• Children inherit everything equally (per stirpes if any are deceased)

• Parents inherit if no children or descendants

• Siblings inherit if no children, descendants, or parents

• Other relatives in order of consanguinity if no closer family

• State of California if no relatives found (escheat)

What Unmarried Partners Don't Inherit

California recognizes registered domestic partnerships (with same rights as spouses), but does NOT recognize common law marriage. If you're in a long-term relationship but not legally married or registered as domestic partners, your partner receives NOTHING under intestate succession—regardless of how long you've been together.

Proposition 19 Impact (Effective 2021)

California's Proposition 19 changed parent-child property tax reassessment rules. While this doesn't affect intestate succession, it impacts the value of inheriting California real estate. Consider Transfer on Death Deeds as a complement to your Will.

Don't let California's intestate laws make these decisions for you. Create your California Last Will and Testament today.

Protect Your Loved Ones - Download California Will Template Now - $14.95

California Last Will and Testament vs. Other Estate Planning Documents

California Last Will vs. Revocable Transfer on Death Deed

• Will: Covers all assets; requires probate; expensive in California

• TOD Deed: Transfers real estate only; avoids probate; saves thousands

• Best Practice: Use BOTH—TOD Deed for real estate, Will for everything else

• Note: California TOD deeds authorized by AB 139 (effective 2016-2021, extended through 2031)

Learn more about California Transfer on Death Deeds

California Last Will vs. Revocable Living Trust

• Will: Less expensive; simpler; requires probate (very expensive in CA)

• Living Trust: Avoids probate entirely; higher upfront cost; requires asset retitling

• Best Practice: For estates over $184,500, Living Trusts often make sense due to California's high statutory probate fees

• Note: Many California estate planning attorneys recommend Living Trusts over Wills for this reason

California Last Will vs. Pour-Over Will

• Regular Will: Distributes assets directly to beneficiaries through probate

• Pour-Over Will: Transfers assets into an existing trust; still goes through probate

• Best Practice: Pour-over Wills work with revocable living trusts to catch assets not transferred to the trust during life

California Last Will vs. Holographic Will

• Formal Will: Typed; requires two witnesses; clear and unambiguous

• Holographic Will: Entirely handwritten; NO witnesses required; material provisions in testator's handwriting

• Best Practice: Formal Wills with witnesses preferred; holographic Wills are valid but more easily challenged

California's Expensive Probate System: What You Need to Know

California has statutory probate fees based on the gross estate value (before debts):

California Statutory Probate Fees (Probate Code § 10810)

Attorney Fees (and Executor Fees, if taken):

• 4% of the first $100,000

• 3% of the next $100,000

• 2% of the next $800,000

• 1% of the next $9,000,000

• 0.5% of the next $15,000,000

• Court determines reasonable amount above $25,000,000

Example California Probate Costs:

$300,000 Estate:

• Attorney fees: $9,000

• Executor fees (if taken): $9,000

• Court fees: ~$465

• Publication/misc: ~$1,000

• Total: ~$19,465 (6.5% of estate)

$500,000 Estate:

• Attorney fees: $13,000

• Executor fees (if taken): $13,000

• Court fees: ~$465

• Publication/misc: ~$1,000

• Total: ~$27,465 (5.5% of estate)

$1,000,000 Estate:

• Attorney fees: $23,000

• Executor fees (if taken): $23,000

• Court fees: ~$465

• Publication/misc: ~$1,000

• Total: ~$47,465 (4.7% of estate)

Timeline:

• California probate typically takes 12-18 months

• Complex estates can take 2+ years

• Court supervision required throughout

This is why many California attorneys recommend Living Trusts for estates over $184,500.

However, a California Will is still essential even if you have a Trust (as a "pour-over Will" to catch assets not in the trust).

Get Your California Will Template - $14.95

Perfect for All California Residents

Whether you live in:

Southern California

• Los Angeles County (Los Angeles, Long Beach, Pasadena, Glendale, Torrance, Santa Monica)

• Orange County (Anaheim, Irvine, Santa Ana, Huntington Beach, Costa Mesa)

• San Diego County (San Diego, Chula Vista, Oceanside, Carlsbad, Encinitas)

• Riverside County (Riverside, Corona, Temecula, Murrieta)

• San Bernardino County (San Bernardino, Fontana, Rancho Cucamonga, Ontario)

• Ventura County (Oxnard, Thousand Oaks, Simi Valley, Ventura)

Bay Area / Northern California

• San Francisco County (San Francisco)

• Alameda County (Oakland, Fremont, Berkeley, Hayward)

• Santa Clara County (San Jose, Sunnyvale, Santa Clara, Palo Alto)

• Contra Costa County (Concord, Richmond, Walnut Creek, Antioch)

• San Mateo County (Daly City, San Mateo, Redwood City)

• Marin County (San Rafael, Novato)

• Sonoma County (Santa Rosa, Petaluma)

• Napa County (Napa, Calistoga)

Central California

• Fresno County (Fresno, Clovis)

• Kern County (Bakersfield)

• San Joaquin County (Stockton, Tracy)

• Stanislaus County (Modesto, Turlock)

• Tulare County (Visalia)

• Monterey County (Salinas, Monterey, Carmel)

Sacramento Region

• Sacramento County (Sacramento, Elk Grove, Citrus Heights)

• Placer County (Roseville, Rocklin, Lincoln)

• Yolo County (Davis, Woodland)

Far Northern California

• Shasta County (Redding)

• Butte County (Chico)

• Humboldt County (Eureka)

Our California Last Will and Testament template is compliant with California law statewide and suitable for residents in all 58 California counties, from San Diego to the Oregon border.

Download Your California Will Template - $14.95

Frequently Asked Questions About California Last Wills and Testaments

Do I need a lawyer to create a California Will?

No. California law allows you to create your own Will without an attorney, as long as you meet the legal requirements (age, capacity, proper execution with witnesses). Our California Last Will and Testament template provides everything you need for a legally valid Will. However, you should consult an attorney if you have:

• Estates valued over $500,000 (consider a Living Trust instead)

• Complex community property issues

• Blended families with children from multiple relationships

• Special needs beneficiaries requiring special needs trusts

• Business ownership or partnership interests

• Significant tax planning needs (federal estate tax)

• Anticipated Will contests or family disputes

• Property in multiple states

Does my California Will need to be notarized?

No. California law does NOT require Last Wills to be notarized. However, adding a self-proving affidavit (which IS notarized) is highly recommended. The self-proving affidavit allows your Will to be admitted to probate without tracking down witnesses years later to testify. Our template includes the proper California self-proving affidavit language per California Probate Code § 8220.

Can I handwrite my California Will?

Yes. California recognizes holographic Wills (entirely handwritten and signed by the testator) WITHOUT witnesses, as long as:

• Material provisions are in the testator's handwriting

• The testator signs the Will

• The handwriting can be authenticated

However, typed Wills with two witnesses are strongly recommended because:

• They're easier to read and interpret

• They're harder to challenge

• Handwriting disputes are common in holographic Wills

• Two-witness Wills with self-proving affidavits are easier to probate

How do I change or update my California Will?

You can change your California Will by:

1. Codicil: A separate document that amends specific provisions (must be executed with same formalities as original Will)

2. New Will: Creating an entirely new Will that revokes all prior Wills (recommended for significant changes)

Our template can be edited and re-executed as many times as needed. Store the most recent version safely and destroy old versions to avoid confusion.

Does marriage or divorce affect my California Will?

YES, significantly:

• Marriage/Registered Domestic Partnership: If you execute a Will and then marry (or register), the new spouse/partner receives their intestate share UNLESS the Will was made in contemplation of the marriage

• Divorce/Termination of Domestic Partnership: California law automatically revokes ALL provisions benefiting a former spouse/partner (Probate Code § 6122), including:

  • Bequests to the former spouse/partner

  • Appointment of former spouse/partner as executor

  • Any fiduciary appointments

• Legal Separation: Does NOT automatically revoke Will provisions (unlike divorce)

• Best Practice: Update your Will immediately after any marriage or divorce

What is California's community property system and how does it affect my Will?

California is one of nine community property states. This fundamentally affects what you can dispose of in your Will:

• Community property: You can only dispose of YOUR 50% in your Will

• Your separate property: You can dispose of 100% in your Will

• Spouse's separate property: You have NO control over this

• Commingled property: Can be complex; may need attorney to sort out

Your spouse automatically keeps their 50% of community property regardless of what your Will says. Make sure your Will clearly identifies what property you're disposing of.

Can I disinherit my spouse in California?

Not completely. California law provides surviving spouses with rights to:

• Their 50% of community property (automatic)

• Their own separate property (automatic)

• Omitted spouse provisions if married after Will execution (Probate Code § 6560)

However, California does NOT have a "forced share" or "elective share" like some states. If you were married when you executed your Will and the Will clearly disinherits your spouse regarding your separate property and your 50% of community property, this is generally valid (but can be challenged on undue influence grounds).

Best Practice: Prenuptial agreements are the best way to modify spousal rights. Simply trying to disinherit a spouse in a Will often leads to litigation.

Can I disinherit my children in California?

Yes, but be careful:

• Adult children: Can be completely disinherited (should be explicit in Will)

• Minor children: Can be disinherited from property but you must still name a guardian

• Omitted children: California has "pretermitted heir" laws (Probate Code § 6570-6573) protecting children born after Will execution

• Best Practice: Explicitly state "I intentionally make no provision for [name]" rather than simply omitting them

What are California's "omitted heir" laws?

California protects children born or adopted AFTER you execute your Will (Probate Code § 6570):

• Omitted children receive their intestate share UNLESS:

  • The omission was intentional and appears in the Will

  • The testator had other children and left substantially all assets to the other parent

  • The testator provided for the child outside the Will

Best Practice: Update your Will whenever you have or adopt a child.

What happens if a witness to my Will is also a beneficiary?

California law (Probate Code § 6112) creates a presumption of undue influence if a witness is also a beneficiary. The witness may:

• Forfeit their bequest entirely (if only two witnesses and one is beneficiary)

• Be limited to their intestate share (if there are sufficient disinterested witnesses)

Best Practice: NEVER use beneficiaries as witnesses. Use completely disinterested parties.

What is a California "no-contest" clause?

A no-contest clause (also called an "in terrorem clause") disinherits anyone who unsuccessfully challenges your Will. California law (Probate Code § 21310-21315):

• No-contest clauses are enforceable IF there was no probable cause for the contest

• If the contestant had probable cause (even if they lose), the no-contest clause doesn't apply

• Must be carefully drafted to be effective

Best Practice: If you anticipate challenges, consult an attorney about properly drafting a no-contest clause with a "deterrent bequest" (small gift that would be lost if contestant challenges and loses).

How much does California probate cost?

See the detailed breakdown in the "California's Expensive Probate System" section above. California has some of the highest probate costs in the nation due to statutory percentage-based fees. For a $500,000 estate, expect $27,000+ and 12-18 months.

This is why many Californians use Living Trusts to avoid probate entirely, while keeping a simple "pour-over Will" as backup.

Does California have a state estate tax?

No. California does NOT have a state estate tax or inheritance tax. However:

• Federal estate tax still applies to estates over $13.61 million (2024, indexed annually)

• Most California estates don't face estate taxes

• Capital gains tax (federal and California) still applies to appreciated assets

• Proposition 19 (2020) changed property tax reassessment rules for inherited property

What is Proposition 19 and how does it affect my Will?

California's Proposition 19 (effective February 2021) changed property tax reassessment rules:

• Parent-child transfers of real property generally trigger reassessment (property tax increase)

• Exception: Principal residence transfers up to $1 million in assessed value if child uses as principal residence

• This doesn't affect your Will's validity but affects the VALUE of inheriting California real estate

• Planning Tip: Consider Transfer on Death Deeds or Living Trusts to pass property outside probate

Can my Will cover my digital assets?

Yes. California's Revised Uniform Fiduciary Access to Digital Assets Act allows you to:

• Grant your executor access to digital assets

• Specify which digital accounts should be managed or deleted

• Provide usernames and access instructions (store separately, not in Will itself)

• Our template includes provisions for digital asset management

What if I own property in California and another state?

You'll need:

• Primary Will: In your state of residence

• Ancillary probate: In each state where you own real property

OR

• Use state-specific Transfer on Death Deeds to avoid ancillary probate

• Transfer out-of-state property to a Living Trust

A California Will is valid in other states, but you may face probate in multiple states if you own real estate outside California.

What is California's "120-hour rule"?

California requires beneficiaries to survive the testator by 120 hours (5 days) to inherit (Probate Code § 6403). If a beneficiary dies within 120 hours of the testator, they're treated as having predeceased the testator. This prevents property from passing through two probates within days.

Get Your California Last Will and Testament Template - $14.95

Why Choose Our California Last Will and Testament Template?

California-Specific Compliance

Our California Will template is designed specifically for California residents and includes:

• Proper execution clause language per California Probate Code § 6110

• California-compliant self-proving affidavit per Probate Code § 8220

• Community property awareness and provisions

• Omitted spouse/child protections per Probate Code §§ 6560, 6570

• Digital asset access provisions per California law

• No-contest clause guidance

• California-specific terminology

Multiple Format Flexibility

Access your template in the format that works best for you:

• Microsoft Word: Full editing capability for customization

• PDF: Fillable fields for quick completion

• Google Docs: Cloud-based editing and sharing

Professional Quality at DIY Prices

Attorney-drafted Wills in California typically cost $500-$3,000+ for basic estate planning. Many California attorneys push expensive Living Trusts even when a simple Will would suffice. Our template provides professional-quality language at a fraction of the cost: just $14.95 for instant download and lifetime access.

Comprehensive Instructions Included

Our step-by-step guide covers:

• How to complete each section

• California witness requirements and pitfalls

• Self-proving affidavit execution

• Community property considerations

• Common mistakes to avoid

• When to consult an attorney

• Storage and updating guidance

• California probate process overview

Instant Access, Immediate Protection

Download your template immediately and complete your California Last Will and Testament today. Don't leave your family's future to chance or California's intestate laws and expensive probate system.

Download California Last Will Template Now - $14.95

Complete Your California Estate Plan

Your California Last Will and Testament is the foundation of your estate plan, but consider these complementary documents:

California Revocable Transfer on Death Deed - $18

Transfer your real estate to beneficiaries outside of California's expensive probate system while maintaining complete lifetime control. Save your family thousands in statutory probate fees.

View California Transfer on Death Deed Forms

California Revocable Living Trust

For estates over $184,500, a Living Trust often makes more financial sense than a Will alone due to California's high statutory probate fees. Avoids probate entirely on all assets transferred to the trust.

California Quitclaim Deed - $10

Transfer property to family members, add/remove spouses, handle community property issues, or correct title issues. Commonly used alongside Wills for immediate property transfers.

View California Quitclaim Deed Forms

California Grant Deed - $10

Transfer property with some warranty of title. California's most common deed type for property sales and transfers.

View California Grant Deed Forms

California Advance Health Care Directive (Combined Document)

California's unique combined document that includes:

• Health care agent appointment (like medical POA)

• Health care instructions (like living will)

• Organ donation wishes

• Primary physician designation

California Durable Power of Attorney for Finances

Authorize someone to manage your financial affairs if you become incapacitated. Essential document that works WITH your Will (not a substitute).

Complete Estate Planning Package Available - Contact us for bundle pricing on all essential California estate planning documents.

Get Started with Your California Last Will and Testament Today

Creating your California Last Will and Testament is one of the most important steps you can take to protect your family's future. For just $14.95, you get:

✅ Instant download access to all three formats (Word, PDF, Google Docs)
✅ California-compliant template with proper execution language per Probate Code
✅ Self-proving affidavit for streamlined probate per Probate Code § 8220
✅ Step-by-step completion instructions for California requirements
✅ Community property guidance and provisions
✅ Lifetime access to your purchase
✅ Updates and improvements at no additional cost

Don't wait until it's too late. Protect your loved ones, ensure your wishes are honored, and gain peace of mind knowing your estate plan is in place—even if you later decide to upgrade to a Living Trust.

Download Your California Last Will and Testament Form - $14.95

We travel throughout California—from San Diego to Sacramento, Los Angeles to San Francisco—to homes, hospitals, assisted living facilities, and nursing homes to ensure proper Will execution.

Why California Residents Choose Our Will Templates

Designed for California's Complex Laws

California has unique estate planning laws including:

• Community property system (one of 9 states)

• Registered domestic partnership recognition

• Omitted spouse and child protections

• Statutory probate fees (highest in nation)

• Proposition 19 property tax reassessment rules

• No state estate tax (but federal still applies)

• Advance Health Care Directive (unique combined document)

• Revised Uniform Fiduciary Access to Digital Assets Act

Our template addresses all California-specific requirements.

Perfect for All California Regions

Whether you're in:

• Major metros (Los Angeles, San Francisco, San Diego, San Jose)

• Suburbs (Orange County, East Bay, South Bay, Inland Empire)

• Central Valley (Fresno, Bakersfield, Modesto, Stockton)

• Wine Country (Napa, Sonoma)

• Sierra Nevada (Lake Tahoe, Mammoth Lakes)

• North Coast (Eureka, Mendocino)

• Desert communities (Palm Springs, Palm Desert)

Our template works for all California residents regardless of location.

Save Thousands on California's Expensive Probate

California's statutory probate fees are calculated on gross estate value:

• $300K estate = ~$19,465 in probate costs

• $500K estate = ~$27,465 in probate costs

• $1M estate = ~$47,465 in probate costs

While a Will doesn't avoid probate, it speeds the process and reduces conflicts. Combine with Transfer on Death Deeds to minimize probate costs.

Protect Your California Family - Download Template Now - $14.95

California Estate Planning Tips

Understand Community Property

Before drafting your Will, identify:

• What property is community vs. separate

• What you acquired before marriage (separate)

• What you inherited or received as gifts (separate)

• What you acquired during marriage (community)

• Any commingled accounts that need tracing

Consider a Living Trust for Larger Estates

If your estate exceeds $184,500, California's statutory probate fees make Living Trusts attractive:

• Completely avoids probate on trust assets

• Privacy (unlike probate, which is public)

• Faster distribution to beneficiaries

• No statutory attorney fees

• Higher upfront cost but massive long-term savings

Many California residents use BOTH a Living Trust (for major assets) and a Will (as backup/pour-over).

Use Transfer on Death Deeds for Real Estate

California's Revocable Transfer on Death Deed (authorized 2016-2031):

• Avoids probate on real estate

• Maintains full lifetime control

• Saves thousands in statutory probate fees

• Keeps property out of probate estate calculation

• Must be recorded before death

Coordinate Beneficiary Designations

Some assets pass outside your Will through beneficiary designations:

• Life insurance policies

• Retirement accounts (401k, IRA, CalPERS, CalSTRS)

• Payable-on-death (POD) bank accounts

• Transfer-on-death (TOD) securities

• Transfer on Death Deeds

Ensure beneficiary designations align with your Will to avoid family conflicts.

Update After Proposition 19 Changes

If you own California real estate and plan to leave it to children:

• Property will likely be reassessed (property tax increase)

• Exception for primary residence up to $1M if child occupies

• Consider lifetime gifting strategies

• Consult tax professional about capital gains vs. property tax trade-offs

Plan for Blended Families Carefully

California's community property laws create complexity for blended families:

• Your 50% of community property can go to your children

• Spouse keeps their 50% of community property automatically

• Your separate property can be left entirely to your children

• Consider prenuptial agreements and trusts for complex situations

Don't Forget California's High Income Tax

While California has no estate tax:

• California has highest income tax in nation (up to 13.3%)

• Affects retirement account distributions

• Consider Roth conversion strategies

• Tax planning essential for large estates

Legal Disclaimer

These templates are provided by Noble Notary & Legal Document Preparers for general informational use only. We are not attorneys, and no attorney-client relationship is created by your purchase. The forms are not a substitute for legal advice and may not be appropriate for every situation.

Creating a Last Will and Testament involves important legal decisions that affect your family and estate. You are solely responsible for ensuring the forms are lawful and appropriate for your specific circumstances under California law. We strongly recommend consulting with a licensed California estate planning attorney if you have:

• Estates valued over $500,000 (Living Trust likely more cost-effective)

• Complex community property issues or commingled assets

• Blended families with children from multiple relationships

• Special needs beneficiaries requiring special needs trusts

• Business ownership or partnership interests

• Property in multiple states

• Significant tax planning needs (federal estate tax over $13.61M)

• Anticipated Will contests or family disputes

• Questions about California's community property system

California has one of the most expensive probate systems in the nation. For estates over $184,500, consult an attorney about whether a Living Trust would better serve your needs.

Forms are provided "as-is," without warranties of any kind. By purchasing, you agree that Noble Notary & Legal Document Preparers is not liable for any outcomes resulting from your use of these materials.

This template is designed for California residents subject to California Probate Code. It may not be appropriate for residents of other states, especially regarding community property provisions.