Personal Finance & Estate › Wills, trusts & estate planning
Last will and testament
· Legal document or tool
Standard practiceWhat most planners, CPAs and attorneys recommend.
A signed document saying who gets your property at death, who manages the estate, and who raises minor children.
See it on the Personal Finance & Estate map →How it works
California recognizes three forms: a typed will signed before two witnesses (ideally people who inherit nothing), a handwritten 'holographic' will whose signature and key terms are in your handwriting, and the state's fill-in statutory will. A will names an executor and can nominate guardians. It governs only probate assets, not accounts with beneficiary forms, joint-tenancy property or trust assets. Estates over about $208,850 that rely on a will alone usually go through probate. Update it after marriage, divorce, births or moves.
Why it matters for you
Without one, state law decides; with one, you choose heirs, executor and guardians, even if probate still follows.
Rules, limits and sources (2026)
California Probate Code Secs. 6110 (witnessed wills), 6111 (holographic wills) and 6240 (statutory will form); once lodged with the court, a will becomes a public record.
Inside this (6)
Connections (6)
▸Probate in California (court process & statutory fees) is the court process for Last will and testamentWatch out
How they connect
A will doesn't transfer anything by itself; probate is how it takes effect. The court confirms the will is valid, appoints the named executor, supervises paying debts and taxes, and orders distribution as the will directs. So a will-only plan for a sizable estate usually means probate's fees, delays and public file.
When it applies
In each county superior court's probate division; executors typically hire a probate attorney, and the process often runs 9–18 months.
How sure?
California Probate Code Secs. 8000 onward set the petition and appointment process; wills filed with the court become public records.
Watch out for
Some estates qualify for faster routes, such as small-estate affidavits or spousal property petitions; which fits is a question for the attorney.
▸Beneficiary designations (they override your will) override Last will and testamentWatch out
How they connect
Accounts with a named beneficiary pass by contract with the institution, outside the will. If a will leaves everything to the children but the IRA form still names an ex-spouse, the ex-spouse gets the IRA. The will controls only what is left in the probate estate.
When it applies
Applies to every IRA, 401(k), life policy, annuity, and POD or TOD account; it plays out at death, when the institution pays whoever is on file.
How sure?
Institutions pay according to their forms and courts generally enforce them; California Probate Code Sec. 5000 classifies these as nonprobate transfers.
Watch out for
Whether a will can ever override a form (generally no) still surfaces in litigation when forms are ambiguous, lost or never processed.
▸Community property (California marital property) shapes what passes under Last will and testamentLaw or rule (2026)
How they connect
A married Californian's will can dispose of only their half of community property, plus all of their separate property. A will leaving a whole community-property house to children from a first marriage fails as to the surviving spouse's half. Sorting out what is community or separate is the first step in any will.
When it applies
Applies to every married couple and registered domestic partnership in California, at the first spouse's death.
The rule
California Probate Code Secs. 100 and 6101 limit a will to the decedent's half of community property plus their separate property.
Watch out for
If a will appears to give away the survivor's half, the survivor may have to choose between its gifts and that half (an 'election'); courts read intent from the wording.
▸Pour-over will is a backup form of Last will and testamentStandard practice
How they connect
A pour-over will is an ordinary will with one main gift: everything I own outside my trust goes to my trustee. It follows the same signing rules and still goes through probate if needed, but it exists to back up the trust plan rather than divide property itself.
When it applies
Signed alongside the living trust in nearly every California trust-based estate plan.
How sure?
California Probate Code Sec. 6300 validates will gifts to a trust, even one amended after the will was signed.
Watch out for
If the trust is revoked or ends before death, the pour-over gift lapses unless the will says otherwise (Sec. 6300), so backup wording matters.
▸Guardian nomination for minor children is usually made in Last will and testamentStandard practice
How they connect
The will is the usual place parents name a guardian for minor children, because it is reviewed at death and easy to find. The nomination guides the court; it doesn't bind it. Parents with a living trust still need a will, often the pour-over will, for this clause.
When it applies
Made by parents of children under 18; takes effect only if no parent with custody survives.
How sure?
California Probate Code Sec. 1500 lets a parent nominate a guardian of the person or estate in a will or other signed writing.
Watch out for
When divorced parents disagree, a surviving parent usually keeps custody regardless of the other's nomination; contested cases turn on the child's interests.
▸Intestate succession (dying without a will or trust) is California's default without a Last will and testamentLaw or rule (2026)
How they connect
Intestate succession is the will the state writes for you. If there is no valid will or trust, or a will fails, California's statute picks heirs by family relationship alone. A will replaces that default with your choices, including executor, guardians and gifts outside the family.
When it applies
Applies to anyone domiciled in California who dies without a valid will covering their probate assets, and to California real estate of nonresidents.
The rule
California Probate Code Sec. 6400 sends any part of an estate 'not effectively disposed of by will' to the statutory heirs.
Watch out for
Surveys such as Caring.com's 2024 study suggest only about a third of Americans have a will; exact rates vary by survey and year.