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This section answers common questions about wills in California. It explains what a will does, why every adult should have one, and how it fits into a complete estate plan.

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Important Information for Readers in California

• The information on this page applies to California residents. Estate-planning laws differ from state to state.

• These questions and answers provide general educational guidance, not legal advice for any particular estate.

• Probate thresholds and tax laws can change, so always confirm current rules.

• For personalized help, contact David Salvin, Esq. at davidsalvinesq@gmail.com for a free consultation.

 

Q1. What is a will, and why is it important in California estate planning?

A will is a legal document that explains how your property and personal items should be distributed after you die. It also lets you name an executor to carry out your wishes.

Example: Maria, a retired teacher, writes a will leaving her savings equally to her two children and naming her sister as executor. Without it, the court—not Maria—would decide who inherits.

Why it matters: A valid will ensures your assets go where you intend, reduces confusion, and shortens court delays.

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Q2. What happens if I die without a will in California?

If you die without a will, you die 'intestate.' Your property will be distributed under California Probate Code §§ 6400 et seq., which sets a default order for heirs (spouse, children, parents, siblings, etc.).

Example: After Carlos dies without a will, the court appoints an administrator and divides everything between his two adult children—even items he had promised to a close friend.

Watch out: The court, not your family, decides who receives your property and who cares for your minor children.

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Q3. Who can make a will in California, and what are the legal requirements?

Under Probate Code § 6100, anyone age 18 or older and of sound mind may make a will. To be valid, it must be:

•  In writing (typed or handwritten)

• Signed by the testator (person making the will)

• Witnessed by two people present at the same time

Tip: Choose witnesses who are neutral. They should be people who do not inherit anything under the will.

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Q4. What is an executor of a will, and how do I choose one?

An executor manages your estate after death: collecting assets, paying debts, filing taxes, and distributing property.

Definition: The executor acts as your estate’s project manager. They handle paperwork, deadlines, and communication with the court.

Tip: Pick someone organized and trustworthy. Many people name a backup executor in case the first person cannot serve.

Example: When Evelyn became executor for her aunt’s estate, she gathered bank records, paid final bills, and distributed funds within six months because the will clearly outlined her powers.

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Q4a. Do I have to appoint a family member as my executor?

No. You are not required to name a family member as your executor. You may choose any trusted adult, including a close friend, business associate, or professional fiduciary.

Example: After years of friendship and trust, Angela asked her longtime accountant to serve as executor instead of her nephew, who lived out of state. It made the process smoother and avoided family tension.

Tip: The best executor is someone responsible, organized, and impartial—not necessarily a relative. For larger estates, a licensed professional fiduciary can be a wise choice to ensure neutrality and efficiency.

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