Do-It-Yourself Wills in California

Californians are allowed to prepare their own wills without needing witnesses. The following is a guide to preparing this type of will. Please remember that this guide applies only to residents of California.

Holographic Wills in California

One type of do-it-yourself will is the holographic will, which must be in the testator's handwriting (in other words, not typewritten or printed). It must be signed by the testator, but unlike other types of wills, no witnesses are required. A holographic will also should be dated, although this is not mandated by the Probate Code.

Warning about Holographic Wills

Courts have been lenient in trying to interpret holographic wills when questions arise, but judges will not rewrite a holographic will to make it valid. A holographic will is probably the most risky do-it-yourself estate plan because of the lack of guidelines involved. The results can be so ambiguous and incomplete that a holographic will can cause more trouble for the estate than if the testator had no will.

Distribution Plan for a Do-It-Yourself Will

Whether you are filling in the blanks in a form will, writing a holographic will, or using software to write a living trust, the distribution plan is the heart of the estate plan. The question here is: Who should receive your estate, and how much should each person, charity or institution, receive? Equal shares for everyone? Specific assets or amounts of cash for everyone? Should an inheritance be held in trust until age 21? The choice is yours.

Don’t Forget The Executor

The executor of the will is the person who will administer, or manage, your estate after you have passed away. Generally the person or persons nominated as executor will be appointed as executor by the court, but if you do not propose an executor in your will, the court will rely on state law to make the choice.

Guardians for Minor Children

If your children are under 18, the will also should nominate a guardian or guardians for them. This provision will be helpful in any future proceeding to determine guardianship for the children. However, a nomination of a guardian in a will is not binding on the court that is reviewing the guardianship petition.