While death is a controversial subject, it is inevitable. No one is fully prepared when a loved one dies. That is why you need to prepare a last will early enough before you pass on since death is unpredictable.
A California last will and testament is a binding form that ensures fair allocation of your wealth to all of your stated beneficiaries.
You must appoint an executioner who will fulfill all your wishes without fail. The beneficiaries in the will may include spouse, children, family members, or a charity organization.
In California, a last will and testament form protects the testator’s wealth from criminals who may want to take advantage of genuine beneficiaries. It is valid in court and can be produced as evidence in case of property allocation disputes. The testator must be of legal age, 18 years and above, to write a last will, which should be notarized as per the state laws.
A last will and testament template is a necessity that assists in estate planning, appointing guardians to care for underage children, creating trust funds, and appointing a trusted executioner for the will.
Requirements for a Last Will
The procedure of completing the California last will and testament is regulated by laws 6100-6806 titled Wills and Intestate Succession, and 6110 setting the standard for the presence of two witnesses. The first requirement in will creation is a testator, who is the person writing the will. He or she must be 18 years old and above for the will to be deemed legal. The testator must be sane and write the will freely without any outside interference from other people.
You need to appoint an executor who will ensure that all your wishes are fulfilled and all the beneficiaries get what they deserve.
The will should have beneficiaries who will inherit your properties. You can include anyone you wish – spouse, children, friends, charity organizations, societies, etc. Besides each heir, you should indicate the property allocated or funds from the estate.
There must be two witnesses to sign the will in the presence of a legal representative for the will to be valid. The California State does not allow oral wills, so the last will should be formulated in the written form and signed by all parties involved.
Below is a snippet of the California last will and testament requirements:
- Testator’s details–18 years and above
- Sound mind
- Details of two witnesses – name, address, and signature
- Notary public
- Hand-written will
- Particulars of the heirs
- Power of attorney
Importance of Notarization
In California, notarization is a mandatory process that authenticates the last will document. As per the law, you need to have at least two credible witnesses who are not relatives or beneficiaries who will sign the form in the presence of a certified legal officer. The final document must have a notarization seal and the signatures of the testator, witnesses, and executor to be considered legal. The state only recognizes written wills.
Completing a Last Will and Testament Online
Looking for a fast method of preparing a last will and testament with ease and convenience? We have you covered. We offer free printable templates for individuals looking to write a last and testament. California allows testators to get downloadable forms online and follow all the legal requirements. For instance, you need to engage a lawyer, have two witnesses, an executor, and valid signatures of all parties involved.
Visit our site to get a fillable PDF form, download, and enter all the relevant details. Print it out and append all the signatures in the presence of a legal representative.
It is quite convenient to use our template since you will save time, money, and energy. You don’t have to search for a law firm to assist you in preparing your will. Save yourself from endless meetings and legal fees by completing your last will online. No legal consultations and complicated jargon; the document is ready and flawless. Prepare your will on time and relax, knowing that your loved ones are safe when you pass away.
How to Change the Last Will
California permits you to adjust your last will whenever the need arises. You may want to add beneficiaries, include other assets, or amend percentage allocations. The process of will amendment is referred to as codicil. It is similar to the initial writing process since you are creating a new will. You cannot scribble and cross out sentences in the old will since it is unacceptable as per the law.
Revoking Your Last Will
The law permits the testator to cancel the last will if he or she wishes to do so – either a part of it or the entire document.
You can burn, tear, or obliterate it in any other way to wipe out its existence. However, the intent of withdrawing the last will must come directly from the testator. If the testator is not available, there must be evidence that the communication of revoking the will is valid in court.