Mark Required Fields In Legal California Pour Over Will Forms For Free

The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.

A will can also be deemed void if the person who created it revoked it, executed it incorrectly, or was the victim of fraud or forgery. Consider one of our prescreened California Lawyers in your California Attorney Search.

Statutory wills in California A statutory will is a fill-in-the-blank will template provided by California law. It's easy and free to use in a pinch, but you must use it exactly as written ? you can't make any changes to the template at all.

The Will Must Be Made Freely and Voluntarily A will can be declared invalid if its execution or revocation was procured by duress, menace, fraud, or undue influence. As an executor or estate planner, it's important to ensure that the testator is making or had made their will freely and without any form of coercion.

1. The custodian of the will (the person who has the will at the time of the person's death) must, within 30 days of the person's death: Take the original will to the probate court clerk's office within 30 days.

over will can help the family and beneficiaries of the testator's will avoid probate on nontrust assets by transferring them into the trust's care after the testator dies. If the value of the pourover assets does not exceed California's statutory limits for trust funds, the assets will not move into probate.