Creating a will is one of the most important things you can do for your family. It’s also one of those tasks that’s easy to put off because it forces you to think about difficult topics. But without a valid will in place, California law decides what happens to your assets, who raises your children, and how your estate is handled. That’s not a decision you want to leave to the state.
Whether you’re creating your first will or updating an existing one, working with a Los Angeles wills attorney gives you confidence that your wishes will be carried out exactly as you intend. Our attorneys at Weiner Law guide families throughout Los Angeles County through this process with focused, prepared, and relentless advocacy.
Call 866-273-8652 to schedule a consultation with our team.
What a will does and why it matters
A last will and testament is a legal document that spells out your wishes after you pass away. It covers several critical decisions.
– Who inherits your assets: You decide who receives your property, bank accounts, investments, and personal belongings.
– Who cares for your minor children: If you have children under 18, your will names a guardian. Without this designation, a court makes that decision for you.
– Who manages your estate: Your will names an executor (called a “personal representative” in California) to carry out your instructions, pay debts, and distribute assets.
– How specific items are distributed: You can leave particular items to specific individuals, donate to charities, or set conditions on inheritance.
Having a will gives you control over your estate. Without one, California’s intestacy laws take over, and the results may not align with what you would have wanted.
Requirements for a valid will in California
California has specific legal requirements for a will to be considered valid. Missing even one can result in your will being challenged or thrown out entirely.
To create a legally valid will in California, you must.
– Be at least 18 years old
– Be of sound mind (meaning you understand what you own, who your family members are, and what creating the will accomplishes)
– Sign the will yourself (or have someone sign on your behalf in your presence and at your direction)
– Have at least two witnesses present who also sign the will
California does recognize holographic wills, which are handwritten wills that don’t require witnesses. However, holographic wills are much easier to contest and often create more problems than they solve. If you’re serious about protecting your family, working with a will lawyer in Los Angeles to create a properly witnessed and executed will is the safer path.
Our attorneys at Weiner Law ensure that every will we prepare meets California’s legal requirements and withstands potential challenges.
Call 866-273-8652 to discuss your estate planning needs with our team.
What happens if you don’t have a will
If you pass away without a valid will in California, your estate is distributed according to the state’s intestacy laws. These laws follow a rigid formula that doesn’t account for your personal relationships or preferences.
Here’s how intestacy generally works in California.
If you’re married: Your community property goes entirely to your surviving spouse. Your separate property is divided between your spouse and your children (or other relatives if you don’t have children).
If you’re single with children: Your children inherit everything in equal shares.
If you’re single without children: Your assets go to your parents. If your parents have passed, they go to your siblings, then nieces and nephews, and so on down the line.
If no relatives can be found: Your entire estate goes to the State of California.
Intestacy also means a court appoints someone to administer your estate, and that person may not be who you would have chosen. The process is often longer, more expensive, and more stressful for your family than it needs to be.
Creating a will avoids all of this. You decide who receives what, who manages the process, and how your estate is handled.
Will vs. trust: which do you need?
Many individuals wonder whether they need a will, a trust, or both. The answer depends on your situation, such as whether you have children, own property, or have specific wishes.
A will takes effect after you pass away. It goes through probate (a court-supervised process) before your assets are distributed. In California, probate is typically required for estates valued over $208,850.
A revocable living trust allows assets to pass directly to your beneficiaries without going through probate. Having a revocable living trust can save your family significant time and money, while also providing privacy since probates are public record.
For many California families, the right approach is both. A trust handles the bulk of your assets, while a pour-over will catches anything that wasn’t transferred into the trust during your lifetime.
Our attorneys at Weiner Law help you understand which combination of documents makes sense for your family. We don’t believe in one-size-fits-all estate plans.
Contact Weiner Law to learn which approach is right for you. Call 866-273-8652 for a consultation.
Updating and storing your will
A will isn’t a document you create once and forget about. Life changes, and your will should reflect those changes. You should review and update your will after any of the following:
– Marriage or divorce
– The birth or adoption of a child
– The death of a named beneficiary or executor
– A significant change in your financial situation
– Moving to California from another state (laws vary)
– Acquiring or selling major assets, such as real estate,
In California, you can update your will through a codicil (a formal amendment) or by creating an entirely new will. Our attorneys can help you determine which approach makes sense for your circumstances.
Storing your will safely is crucial for your peace of mind. Whether in a fireproof safe or with your attorney, ensure your executor can easily find it when needed.
Why Los Angeles families choose Weiner Law
Estate planning requires more than filling in a template. It requires an attorney who understands California law, listens to your goals, and builds a plan that protects your family.
At Weiner Law, we bring focused, prepared, and relentless advocacy to every client relationship. Our attorneys handle wills, trusts, probate, and estate litigation from our Los Angeles office at 445 S Figueroa St, Suite 3100, serving families throughout Los Angeles County and Southern California.
We take the time to understand your family’s unique situation. Whether you need a straightforward will, a comprehensive estate plan, or help with a contested will, our team provides clear guidance through every step.
Frequently asked questions about wills in Los Angeles
How much does it cost to create a will?
The cost depends on the complexity of your estate and your specific needs. Contact Weiner Law for a consultation to discuss your situation and receive a clear understanding of what’s involved.
Can I write my own will in California?
Technically, yes. California allows holographic (handwritten) wills. However, DIY wills are far more likely to be challenged or found invalid. Working with a last will and testament attorney in Los Angeles helps ensure your document meets all legal requirements and accurately reflects your wishes.
What’s the difference between a will and a living will?
A will distributes your assets after death. A living will (also called an advance healthcare directive in California) states your medical treatment preferences if you become unable to communicate. They serve very different purposes, and most individuals benefit from having both.
Do I still need a will if I have a trust?
Yes. Even with a trust, a pour-over will ensures any assets not placed in the trust during your lifetime are still distributed according to your wishes. Think of it as a safety net for your estate plan.
Protect your family’s future today
Creating a will is one of the most meaningful steps you can take for those you love. It gives you control over what happens to your assets, who cares for your children, and how your legacy is handled.
Our attorneys at Weiner Law are here to guide you through the process.
Our Los Angeles office is located at 445 S Figueroa St, Suite 3100, Los Angeles, CA 90071. We serve clients from offices throughout California, with headquarters in San Diego (12626 High Bluff Drive, Suite 440, San Diego, CA, 92130)
Call 866-273-8652 to schedule a consultation. We serve clients from offices throughout California. We’ll answer your questions, explain your options, and help you build a plan that protects what matters most.
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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