Wills, Trusts & Probate · Planning ahead
Common estate planning documents
In this guide
- Estate planning covers who receives property, who manages it, and who makes decisions if someone can’t.
- California recognizes witnessed wills, handwritten wills, and a fill-in Statutory Will form.
- Some property passes by beneficiary designation or trust and does not go through probate.
What estate planning covers
Estate planning isn’t only for wealthy people. It’s the set of documents that say who receives property after death, who is in charge of handling it, and who can make health and money decisions if a person becomes unable to.
Wills
A will names the people or organizations who will receive property and names an executor to handle the estate. In California, a typed will generally has to be signed by the person making it and by two witnesses who understand it is a will. A will written and signed in the person’s own handwriting (a “holographic” will) can also be valid without witnesses.
California law also provides a California Statutory Will, a fill-in form with wording set by the Legislature and a limited set of choices. The California Courts self-help site hosts a copy and describes it as a simple option that works for some smaller, straightforward situations.
A will does not by itself avoid probate. Property that passes under a will may still go through the court process described in How formal probate works.
Living trusts
A revocable living trust holds property during the person’s life and names a successor trustee to manage and distribute it later. Property generally has to be formally transferred into the trust (“funding” it) to be covered. Property held in a trust usually passes without court probate.
Property with a built-in beneficiary
- Payable-on-death and transfer-on-death accounts at banks and brokerages pass to the named person.
- Retirement accounts and life insurance pass by the beneficiary form on file, whatever a will says.
- Joint tenancy property usually passes to the surviving owner.
- Revocable transfer-on-death (TOD) deeds let a California homeowner name who receives real property at death. The deed has to be signed, witnessed by two people, notarized, and recorded with the county within 60 days after it is notarized. The current law is set to expire on January 1, 2032 unless the Legislature extends it.
Keeping documents current
People often revisit their documents after marriage, divorce, a birth, a move, a death in the family, or a major change in property. A beneficiary form that was never updated still controls who receives that account.
Common questions
Does California require a will to be notarized?
No. A typed will generally needs two witnesses, not a notary. Other documents, such as TOD deeds and many powers of attorney, do involve notarization.
What happens if someone dies without a will?
California’s intestate succession laws decide who inherits, generally starting with a spouse or registered domestic partner, then children, then other relatives. The court’s self-help guide explains the order.
Official sources for this guide
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