Title PROB — California Prob. Code

(a) The court, on its own motion or on petition of any interested person, when it appears to be for the best interests of the ward or conservatee or the estate, may withdraw any or all of the powers previously granted pursuant to this article or may impose restrictions, condition…

(a) When a power or powers are granted pursuant to this article, the letters of guardianship or conservatorship shall state the power or powers so granted and the restrictions, conditions, or limitations, if any, prescribed in the order and shall refer to this article. (b) When a…

(a) The grant of a power or powers pursuant to this article does not affect the right of the guardian or conservator to petition the court as provided in Section 2403 or to petition the court under other provisions of this code, as to a particular transaction or matter, in the sa…

DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT. Date and sign the Will and have two witnesses sign it. You and the witnesses should read and follow the Notice to Witnesses found at the end of this Will. *You do not need to have this document notarized. Notarization will no…

What is community property? Can I give away my share in my Will? If you are married or in a domestic partnership and you or your spouse earned money during your marriage or domestic partnership from work and wages, that money (and the assets bought with it) is community property.…

Does my Will give away all of my assets? Do all assets go through probate? No. Money in a joint tenancy bank account automatically belongs to the other named owner without probate. If your spouse, domestic partner, or child is on the deed to your house as a joint tenant, the hous…

Are there different kinds of Wills? Yes. There are handwritten Wills, typewritten Wills, attorney-prepared Wills, and statutory Wills. All are valid if done precisely as the law requires. You should see a lawyer if you do not want to use this Statutory Will or if you do not under…

Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter.

“Testator” means a person choosing to adopt a California statutory will.

“Executor” means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator under a California statutory will.

“Trustee” means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a California statutory will.

“Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. A reference to “descendants” in the plural includes a single descendant where t…

A reference in a California statutory will to the “Uniform Gifts to Minors Act of any state” or the “Uniform Transfers to Minors Act of any state” includes both the Uniform Gifts to Minors Act of any state and the Uniform Transfers to Minors Act of any state. A reference to a “cu…

Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate.

(a) If a California statutory will states that a person shall perform an act, the person is required to perform that act. (b) If a California statutory will states that a person may do an act, the person’s decision to do or not to do the act shall be made in the exercise of the p…

Whenever a distribution under a California statutory will is to be made to a person’s descendants, the property shall be divided into as many equal shares as there are then living descendants of the nearest degree of living descendants and deceased descendants of that same degree…

“Person” includes individuals and institutions.

Reference to a person “if living” or who “survives me” means a person who survives the decedent by 120 hours. A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of a California statutory will, and the beneficiaries a…

Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter.

A California statutory will shall be executed only as follows: (a) The testator shall complete the appropriate blanks and shall sign the will. (b) Each witness shall observe the testator’s signing and each witness shall sign his or her name in the presence of the testator.

The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220.

(a) There is only one California statutory will. (b) The California statutory will includes all of the following: (1) The contents of the California statutory will form set out in Section 6240, excluding the questions and answers at the beginning of the California statutory will.…

If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made. If more than one property disposition clause in paragraph 5 of a California statutory will form is selected, or if none is selected, the residu…

Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded.

(a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills. (b) Any additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, …

(a) If after executing a California statutory will the testator’s marriage is dissolved or annulled, or the testator’s registered domestic partnership is terminated, the dissolution, annulment, or termination revokes any disposition of property made by the will to the former spou…

The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL The following information, in question and answer form, is not a part of the California Statutory Will. It is designed to help you understand about Wills and to decide …

The mandatory clauses of the California statutory will form are as follows: (a) Intestate Disposition. If the testator has not made an effective disposition of the residuary estate, the executor shall distribute it to the testator’s heirs at law, their identities and respective s…

(a) Except as specifically provided in this chapter, a California statutory will shall include only the texts of the property disposition clauses and the mandatory clauses as they exist on the day the California statutory will is executed. (b) Sections 6205, 6206, and 6227 apply …

Except as specifically provided in this chapter, the general law of California applies to a California statutory will.

Who may use this Will? This Will is based on California law. It is designed only for California residents. You may use this form if you are single, married, a member of a domestic partnership, or divorced. You must be age 18 or older and of sound mind.

Are there any reasons why I should NOT use this Statutory Will? Yes. This is a simple Will. It is not designed to reduce death taxes or other taxes. Talk to a lawyer to do tax planning, especially if (i) your assets will be worth more than $600,000 or the current amount excluded …

May I add or cross out any words on this Will? No. If you do, the Will may be invalid or the court may ignore the crossed out or added words. You may only fill in the blanks. You may amend this Will by a separate document (called a codicil). Talk to a lawyer if you want to do som…