Creating a will is one of the most important things you can do for the people you love. It’s also one of those tasks that’s easy to put off. Maybe you’re not sure where to start, or the idea of planning for the end of life feels uncomfortable. That’s completely understandable. But having a valid last will and testament in San Diego means your wishes are honored, and your family is protected when it matters most.
Our attorneys at Weiner Law guide individuals and families through will preparation with focused, prepared, and relentless advocacy. Whether you’re creating your first will or updating an existing one, we’re here to help. Call 866-273-8652 to schedule a consultation.
What a will does and why it matters
A will is a legal document that spells out how you want your assets distributed after you pass away. But it does more than divide property. A valid will allows you to:
– Name who receives specific assets, such as real estate, bank accounts, and personal belongings.
– Appoint a guardian for your minor children.
– Name an executor to manage your estate.
– Specify funeral or burial wishes.
– Make charitable gifts.
Without a valid will, these decisions fall to California’s default inheritance laws. That means a judge and state statutes, not you, determine who receives what. For many San Diego families, that’s not the outcome they’d choose.
A will puts you in control. It’s a straightforward way to make sure the people and causes you care about are cared for after you’re gone.
Requirements for a valid will in California
California has specific legal requirements for a will to be considered valid. If your will doesn’t meet them, a court may reject it, and your estate could be distributed as if no will existed at all.
To create a valid will in California, you must:
– Be at least 18 years old.
– Be of sound mind (you understand what you own, who your beneficiaries are, and what the will does).
– Sign the will (or have someone sign on your behalf in your presence and at your direction).
– Have two witnesses present who also sign the will.
California does recognize holographic (handwritten) wills. These must be written entirely in your handwriting and signed by you. No witnesses are required, but without them, a holographic will is significantly easier to challenge in court.
Working with a San Diego wills attorney helps ensure your will meets every legal requirement and holds up if it’s ever contested.
What happens if you die without a will in California
Dying without a will is also known as dying “intestate.” When this happens, California’s intestate succession laws determine how your assets are distributed. You don’t receive a say, and the results may not align with what you would have wanted.
Under California intestacy law, assets generally pass to your closest living relatives in this order:
– Spouse or domestic partner (community property goes to them; separate property is split between spouse and surviving heirs)
– Children
– Parents
– Siblings
– More distant relatives
If you have no surviving relatives, your assets go to the State of California.
There are a few critical points about intestacy that catch families off guard. Unmarried partners receive nothing under intestacy law, regardless of how long you’ve been together. The only exception is for partners in a state registered domestic partnership, who are treated the same as a surviving spouse. Stepchildren don’t inherit unless you legally adopt them. Friends and charities receive nothing. And the court appoints an administrator to manage your estate, someone you may not have chosen.
Creating a will is the simplest way to prevent these outcomes. If you’re unsure where to start, contact Weiner Law. Call 866-273-8652 to schedule a consultation, and we’ll walk you through your options.
Will vs. trust: which do you need?
One of the most common questions we hear is whether a will or a trust is needed. The short answer is that wills and trusts serve different purposes, and many people benefit from having both.
A will takes effect after you pass away and goes through probate (the court-supervised process of distributing your estate). A trust can take effect during your lifetime and typically avoids probate entirely.
Here are the key differences:
A will goes through probate, becomes part of the public record, and only takes effect after death. It can name guardians for minor children and is generally simpler and less expensive to create.
A trust avoids probate, remains private, and can take effect during your lifetime. It offers more control over how and when assets are distributed, but it is more complex to set up initially.
In California, probate is generally required for estates valued over $208,850 (as of April 1, 2025). If your estate exceeds this threshold, a trust can save your family significant time and money by keeping assets out of probate court.
Many of our clients at Weiner Law create both a will and a trust as part of a comprehensive estate plan. Our attorneys can help you determine which approach makes sense for your specific situation.
When to update your will
Creating a will isn’t a one-time task. Life changes, and your will should change with it. We recommend reviewing your will after any major life event, including:
– Marriage or divorce
– Birth or adoption of a child
– Death of a beneficiary or executor
– Significant changes in assets (buying or selling property, receiving an inheritance, or other large financial shifts)
– Moving to a new state
– Changes in your wishes about who receives what
If your will is more than a few years old and you haven’t reviewed it, now is a good time to do so. An outdated will can create confusion, conflict, and unintended consequences for your family.
Updating a will is straightforward when you work with an experienced will lawyer in San Diego. In some cases, a simple amendment (called a codicil) is enough. In others, it makes more sense to create a new will entirely.
Call 866-273-8652 to discuss whether your current will still reflects your wishes.
How to store your will safely
A will only work if it can be found. You’d be surprised how often families cannot locate a loved one’s will after they pass away. Safe storage is essential.
Options for storing your will in California include:
– A fireproof safe at home (make sure your executor knows where it is and can access it)
– A safe deposit box (though accessing one after death can be complicated in California)
– Your attorney’s office
Whichever method you choose, make sure your executor and at least one trusted family member know where your will is stored and how to access it. Keeping your will a secret defeats its purpose.
Why San Diego families choose Weiner Law
Weiner Law provides focused, prepared, and relentless advocacy for individuals and families across San Diego County and California as a whole. Our attorneys have extensive experience in wills, trusts, and estate planning, and we understand the specific requirements of California law.
We know that estate planning involves difficult conversations and important decisions. Our approach is straightforward: we listen to your goals, explain your options clearly, and create a plan that protects the people you care about: no jargon, no confusion, just honest guidance.
With headquarters in San Diego (12626 High Bluff Drive, Suite 440, San Diego, CA, 92130), we serve clients from offices throughout California.
Frequently asked questions about San Diego wills
Can I write my own will in California?
You can, but it comes with risks. Holographic (handwritten) wills are easier to challenge in court and more prone to errors that could invalidate them. Working with an experienced attorney helps ensure your will is legally sound and clearly reflects your wishes.
What’s the difference between an executor and an administrator?
An executor is the person you name in your will to manage your estate after you pass away. An administrator is someone the court appoints when there’s no will or when none of the named executors under a will can act. Naming an executor gives you control over who handles your affairs.
Do I need a will if I already have a trust?
In most cases, yes. A “pour-over will” catches any assets that weren’t transferred into your trust during your lifetime. A will is also the only way to name a guardian for minor children.
How often should I update my will?
Review your will every three to five years or after any major life event, such as marriage, divorce, the birth of a child, or a significant change in your assets.
Take the next step to protect your family.
Creating a will doesn’t have to be complicated. Our attorneys at Weiner Law are here to guide you through every step, from understanding your options to signing a legally valid document that protects the people who matter most.
Call 866-273-8652 today to schedule a consultation. We’ll answer your questions, explain the process, and help you build a plan that gives you peace of mind.
If you’re facing a legal matter involving trusts, probate, estate planning, or litigation, our team is here to help. With offices in San Diego and Los Angeles, Weiner Law serves clients throughout Southern California and beyond. Contact us today to schedule a consultation and learn how we can put our experience to work for you.
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