Updated: Sep 26, 2022
Ways To Create Your Last Will And Testament In Pasadena, California
Creating your last will and testament is an essential element of estate planning. Drafting a will allows you to plan and decide what happens to your estate after you die, often to make sure it's set aside and given to the right people.
This post will discuss the basics of writing your will, as often overseen by our prescreened Pasadena Estate Planning Lawyers.
If you have a few assets and fewer beneficiaries, writing your own will won't be a problem. As long as there are no significant complications in the distribution and legalities, you'll be able to draft a will yourself. However, wills are legal documents, so they need to be specific and valid to be properly executed.
That said, if you have a lot of assets, beneficiaries, or other estate plans after you die, you should seek the advice of the Best Estate Planning Attorney in Pasadena. In many ways, will necessitate specificity, so you don't want to leave anyone out or provide imprecise directions that will lead to conflicts among beneficiaries.
There are two ways to go about it:
1. A Statutory Will
In front of two witnesses, you must sign the California Statutory Will (or any other typed Will instead of a handwritten one). They should also sign the will as witnesses.
Before a written (or computer-generated) Will may be accepted for probate in California, it must be witnessed by two people. There might be a few exceptions, but for the most part, the heirs are responsible for demonstrating Will's legitimacy. It is important to recruit the assistance of two witnesses to avoid future issues.
The validity of a will is unaffected by its notarization. All that is required is for two witnesses to sign the Will. As a result, having your Will notarized is pointless, therefore save your money and bypass the notary.
If you're a little confused about how to fill out the paperwork, you should see an Estate Planning Attorney in Pasadena. An attorney can help you keep track of your assets and explain the legal implications of your last will and testament.
2. Holographic Will
If you choose, you can write your Will by hand. Even if there are no witnesses, a Will written in the handwriting of a deceased individual is valid.
This is also known as a holographic Will. It can be simply allowed to probate if people can read your handwriting. Most Pasadena Estate Lawyers will advise that having two witnesses sign a holographic Will is a good idea even if it isn't needed.
Remember, you want as few problems, disagreements, and arguments as possible in the future, so having two witnesses sign your will, even if you have to create it yourself, won't hurt.
Because holographic wills are written in the decedent's own handwriting, California law presumes their legitimacy. As a result, consider the following in mind when making a holographic will as a California resident:
Witnesses are not required. A holographic Will can be made out of any piece of paper, napkin, ripped a page from a notebook, receipt, and so on.
You can write with nearly anything (as long as it allows you to write down words!). However, you obviously want it to be as readable and understandable as possible.
The most significant disadvantage of holographic Wills is their difficulty in reading and comprehending them. As a result, make sure your writing is clear and legible.
When creating a holographic will, you must be very specific about how your estate should be governed. You must also make certain that all applicable regulations pertaining to administration, inheritance, and ownership are in place.
For example, you may want something done to your estate but lack clear legal justifications for your request to be carried out properly.
However, you should always seek legal guidance from a Pasadena Estate Administration Lawyer to ensure that you utilize the proper phrasing that is both executable and legal.
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