This Will meets all the statutory requirements for the laws of California. It first gives instructions for completing a will and then gives answers to commonly asked questions.
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California Statutory Will
Irvine California Statutory Will
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Irvine
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CA-STA-WILL
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FAQ
A California statutory will is a form created by the California legislature that Californians can fill in, date, and have witnessed by two witnesses, to control the disposition of their assets upon their death.
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 not fulfill the witness requirement.
If you wish to view or obtain a copy of any Will, you must provide the Court with a certified copy of the decedent's death certificate or an informational copy issued by the Office of Vital Records or the County Recorder's Office.
No. You can make your own will in California, using a reputable service like Nolo's Quicken WillMaker. You may, however, want to consult a lawyer in some situations; for example, if you suspect your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
In California, a printed Will (that is any will that comes out of a printer) must be signed by the person creating it, and by two witnesses. If the Will is not signed by two witnesses, then it is invalid. Many people think they can have the Will notarized, but notarization does nothing to validate a Will.
Does a Will avoid probate? No. With or without a Will, assets in your name alone usually go through the court probate process. The court's first job is to determine if your Will is valid.
What are the Requirements of a Valid Will in California? The Will Must be in Writing.The Testator Must Sign and Date the Will.The Will Must be Signed by Witnesses.The Will Must Identify Beneficiaries.The Will Must Use Precise Language.Are Holographic Wills Legal in California?Changing a Will After it Has Been Written.
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
Under California law, a will must be filed with the court within 30 days after the death of the testator. California Probate Code § 8200. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an ?executor? or ?administrator?).
If someone does have the Will, they will have to file it with the court if they want to challenge your petition. Once a Will is filed, it is a public record, meaning anyone can view it. The original will stay with the court forever. Copies of the original Will are available to anyone willing to pay for it.
A California statutory will is a form created by the California legislature that Californians can fill in, date, and have witnessed by two witnesses, to control the disposition of their assets upon their death.
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 not fulfill the witness requirement.
If you wish to view or obtain a copy of any Will, you must provide the Court with a certified copy of the decedent's death certificate or an informational copy issued by the Office of Vital Records or the County Recorder's Office.
No. You can make your own will in California, using a reputable service like Nolo's Quicken WillMaker. You may, however, want to consult a lawyer in some situations; for example, if you suspect your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
In California, a printed Will (that is any will that comes out of a printer) must be signed by the person creating it, and by two witnesses. If the Will is not signed by two witnesses, then it is invalid. Many people think they can have the Will notarized, but notarization does nothing to validate a Will.
Does a Will avoid probate? No. With or without a Will, assets in your name alone usually go through the court probate process. The court's first job is to determine if your Will is valid.
What are the Requirements of a Valid Will in California? The Will Must be in Writing.The Testator Must Sign and Date the Will.The Will Must be Signed by Witnesses.The Will Must Identify Beneficiaries.The Will Must Use Precise Language.Are Holographic Wills Legal in California?Changing a Will After it Has Been Written.
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
Under California law, a will must be filed with the court within 30 days after the death of the testator. California Probate Code § 8200. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an ?executor? or ?administrator?).
If someone does have the Will, they will have to file it with the court if they want to challenge your petition. Once a Will is filed, it is a public record, meaning anyone can view it. The original will stay with the court forever. Copies of the original Will are available to anyone willing to pay for it.
A California statutory will is a form created by the California legislature that Californians can fill in, date, and have witnessed by two witnesses, to control the disposition of their assets upon their death.
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 not fulfill the witness requirement.
If you wish to view or obtain a copy of any Will, you must provide the Court with a certified copy of the decedent's death certificate or an informational copy issued by the Office of Vital Records or the County Recorder's Office.
No. You can make your own will in California, using a reputable service like Nolo's Quicken WillMaker. You may, however, want to consult a lawyer in some situations; for example, if you suspect your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
In California, a printed Will (that is any will that comes out of a printer) must be signed by the person creating it, and by two witnesses. If the Will is not signed by two witnesses, then it is invalid. Many people think they can have the Will notarized, but notarization does nothing to validate a Will.
Does a Will avoid probate? No. With or without a Will, assets in your name alone usually go through the court probate process. The court's first job is to determine if your Will is valid.
What are the Requirements of a Valid Will in California? The Will Must be in Writing.The Testator Must Sign and Date the Will.The Will Must be Signed by Witnesses.The Will Must Identify Beneficiaries.The Will Must Use Precise Language.Are Holographic Wills Legal in California?Changing a Will After it Has Been Written.
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
Under California law, a will must be filed with the court within 30 days after the death of the testator. California Probate Code § 8200. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an ?executor? or ?administrator?).
If someone does have the Will, they will have to file it with the court if they want to challenge your petition. Once a Will is filed, it is a public record, meaning anyone can view it. The original will stay with the court forever. Copies of the original Will are available to anyone willing to pay for it.
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Interesting Questions
A statutory will in Irvine, California is a legally drafted document that allows individuals to dictate how their assets will be distributed after their death according to predefined rules set by the state.
Any person who is of sound mind and at least 18 years old can create a statutory will in Irvine, California.
Yes, a statutory will in Irvine, California must be signed by the person making the will in front of two witnesses who must also sign it.
If someone dies without a valid will in Irvine, California, their assets will be distributed according to the state's intestate succession laws, which may not align with their individual wishes.
Yes, you can amend or revoke your statutory will in Irvine, California at any time by creating a new will or making a valid written statement expressing your intention to do so.
A statutory will in Irvine, California is valid until it is revoked, replaced, or superseded by a new will.
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Irvine California Statutory Will
Law summary
California Statutory Will
General: The California Probate
Code Section 6100 through Section 8226 governs the execution of Wills and
contains other provisions relating to Wills law. This summary is
not intended to be all inclusive of the law of Wills but does cover many
material issues.
Who May Make a Will: An individual 18 or more years of age who is of sound mind may make a will. Also, a conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580.
Competence to Make Will: An individual is not mentally competent to make a will if at the time of making the will either of the following is true:
(1) The individual does not have sufficient mental capacity
to be able to
(A) understand the nature of the testamentary act,
(B)understand
and recollect the nature and situation of the individual's property, or
(C) remember and understand the individual's relations to living descendants,
spouse, and parents, and those whose interests are affected by the will.
(2) The individual suffers from a mental disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual's devising property in a way which, except for the existence of the delusions or hallucinations, the individual would not have done. see California Probate Code Section 6100.5.
Property to Pass by Will: A will may dispose
of the following property:
(a) The testator's separate property.
(b) The one-half of the community property that belongs to the
testator under Section 100.
(c) The one-half of the testator's quasi-community property that
belongs to the testator under Section 101.
Who may receive property: A will may make
a disposition of property to any person,
including but not limited to any of the following:
(a) An individual;
(b) a corporation;
(c) an unincorporated
association, society, lodge, or any branch thereof;
(d) a county, city,
city and county, or any municipal corporation;
(e) any state, including
this state;
(f) the United States or any instrumentality thereof; or
(g)
a foreign country or a governmental entity therein. See California Probate
Code Section 6102.
Execution: A will must be in writing and signed
by one of the following:
1) by the testator;
2) in the testator's name by some other person
in the testator's presence and by the testator's direction;
3) by a conservator
pursuant to a court order to make a will under the Section 2580.
The will must be witnessed by being signed by at least two person each of whom 1) being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of the signature of the will and 2) understand that the instrument they sign is the testator's will. see California Probate Code Section 6110.
A written will is validly executed if its execution complies with any of the following:
(a) The will is executed in compliance with Section 6110 or 6111
or Chapter 6 (commencing with Section 6200)(California statutory will)
or Chapter 11 (commencing with Section 6380)
(Uniform International Wills Act).
(b) The execution of the will complies with the law at the time of execution of the place where the will is executed.
(c) The execution of the will complies with the law of the place where the time of execution or at the time of death the testator is domiciled, has a place of adode, or is a national. See California Probate Code Section 6113.
Validity of Holographic Wills: A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. If a holographic will does not contain a statement as to the date of its execution and:
(1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the incosistency unless the time of its execution is established to be after the date of execution of the other will.
(2) If it is established tha the testator lacked testatmentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.
Any statement of testamentary intent contained in a holographic will may be set forth either in the testator's own handwriting or as part of a commercially printed from will. See California Probate Code Section 6111.
Extrinsic Evidence: Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear. See California Probate Code Section 6111.5.
Witnesses: Any person who is generally competent to be a witness may act as a witness to a will. A will or any provision is not invalid because the will is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud or undue influence. This a a presumption which will affect the burden of proof. This presumption will not apply where the witness is a person to whom the devise is made solely in a fiduciary capacity. If the devise made by the will to an interested party fails because the presumption applied to the devise and the witness fails to rebut the presumption, the interested witness will take such proportion of the devise made to the witness in the will as does not exceed the share of the estate which would be distributed to the witness if the will were not established. See California Probate Code Section 6112.
Revocation: A will or any part of the will may be revoked by the following:
(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.
(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent or purpose of revoking it, by either the testator or another person in the testator's presence and by the testator's direction. See California Probate Code Section 6120.
A will executed in duplicate or any part thereof will be revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either the testator or another person in the testator's presence and by the testator's direction. See California Probate Code Section 6121.
Divorce:
(a) Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:
(1) Any disposition or appointment of property made by
the will to the former spouse.
(2) Any provision of the will conferring a general or special power
of appointment on the former spouse.
(3) Any provision of the will nominating the former spouse as executor,
trustee, conservator, or guardian.
(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator's remarriage to the former spouse.
(c) In case of revocation by dissolution or annulment:
(1) Property prevented from passing to a former spouse because
of the revocation passes as if the former spouse failed to survive the
testator.
(2) Other provisions of the will conferring some power of office
on the former spouse will be interpreted as if the former spouse failed
to survive the testator. See California Probate Code Section 6122.
Unless the will expressly provides otherwise, if after executing a will the testator's domestic partnership is terminated, the termination revokes all the following:
(1) Any disposition or appointment of property
made by the will to the former domestic partner.
(2) Any provision of the will conferring a general
or special power of appointment on the former domestic partner.
(3) Any provision o the will nominating the
former domestic partner as executor, trustee, conservator, or guardian.
(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnerhsip with the former domestic partner.
(c) In cases of revocation by termination of a
domestic partnership:
(1) Property prevented from passing to a former
domestic
Locating Will: If the testator's will was
last in the testator's possession,
the testator was competent until death, and neither the will nor
a duplicate original of the will can be found after the testator's death,
it is presumed that the testator destroyed the will with intent to revoke
it. This presumption is a presumption affecting the burden of producing
evidence. 6124.
Note: All law summaries and previews are subject to the disclaimer located on the main forms page.
Legal definition
California Statutory Will
General: The California Probate
Code Section 6100 through Section 8226 governs the execution of Wills and
contains other provisions relating to Wills law. This summary is
not intended to be all inclusive of the law of Wills but does cover many
material issues.
Who May Make a Will: An individual 18 or more years of age who is of sound mind may make a will. Also, a conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580.
Competence to Make Will: An individual is not mentally competent to make a will if at the time of making the will either of the following is true:
(1) The individual does not have sufficient mental capacity
to be able to
(A) understand the nature of the testamentary act,
(B)understand
and recollect the nature and situation of the individual's property, or
(C) remember and understand the individual's relations to living descendants,
spouse, and parents, and those whose interests are affected by the will.
(2) The individual suffers from a mental disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual's devising property in a way which, except for the existence of the delusions or hallucinations, the individual would not have done. see California Probate Code Section 6100.5.
Property to Pass by Will: A will may dispose
of the following property:
(a) The testator's separate property.
(b) The one-half of the community property that belongs to the
testator under Section 100.
(c) The one-half of the testator's quasi-community property that
belongs to the testator under Section 101.
Who may receive property: A will may make
a disposition of property to any person,
including but not limited to any of the following:
(a) An individual;
(b) a corporation;
(c) an unincorporated
association, society, lodge, or any branch thereof;
(d) a county, city,
city and county, or any municipal corporation;
(e) any state, including
this state;
(f) the United States or any instrumentality thereof; or
(g)
a foreign country or a governmental entity therein. See California Probate
Code Section 6102.
Execution: A will must be in writing and signed
by one of the following:
1) by the testator;
2) in the testator's name by some other person
in the testator's presence and by the testator's direction;
3) by a conservator
pursuant to a court order to make a will under the Section 2580.
The will must be witnessed by being signed by at least two person each of whom 1) being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of the signature of the will and 2) understand that the instrument they sign is the testator's will. see California Probate Code Section 6110.
A written will is validly executed if its execution complies with any of the following:
(a) The will is executed in compliance with Section 6110 or 6111
or Chapter 6 (commencing with Section 6200)(California statutory will)
or Chapter 11 (commencing with Section 6380)
(Uniform International Wills Act).
(b) The execution of the will complies with the law at the time of execution of the place where the will is executed.
(c) The execution of the will complies with the law of the place where the time of execution or at the time of death the testator is domiciled, has a place of adode, or is a national. See California Probate Code Section 6113.
Validity of Holographic Wills: A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. If a holographic will does not contain a statement as to the date of its execution and:
(1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the incosistency unless the time of its execution is established to be after the date of execution of the other will.
(2) If it is established tha the testator lacked testatmentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.
Any statement of testamentary intent contained in a holographic will may be set forth either in the testator's own handwriting or as part of a commercially printed from will. See California Probate Code Section 6111.
Extrinsic Evidence: Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear. See California Probate Code Section 6111.5.
Witnesses: Any person who is generally competent to be a witness may act as a witness to a will. A will or any provision is not invalid because the will is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud or undue influence. This a a presumption which will affect the burden of proof. This presumption will not apply where the witness is a person to whom the devise is made solely in a fiduciary capacity. If the devise made by the will to an interested party fails because the presumption applied to the devise and the witness fails to rebut the presumption, the interested witness will take such proportion of the devise made to the witness in the will as does not exceed the share of the estate which would be distributed to the witness if the will were not established. See California Probate Code Section 6112.
Revocation: A will or any part of the will may be revoked by the following:
(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.
(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent or purpose of revoking it, by either the testator or another person in the testator's presence and by the testator's direction. See California Probate Code Section 6120.
A will executed in duplicate or any part thereof will be revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either the testator or another person in the testator's presence and by the testator's direction. See California Probate Code Section 6121.
Divorce:
(a) Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:
(1) Any disposition or appointment of property made by
the will to the former spouse.
(2) Any provision of the will conferring a general or special power
of appointment on the former spouse.
(3) Any provision of the will nominating the former spouse as executor,
trustee, conservator, or guardian.
(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator's remarriage to the former spouse.
(c) In case of revocation by dissolution or annulment:
(1) Property prevented from passing to a former spouse because
of the revocation passes as if the former spouse failed to survive the
testator.
(2) Other provisions of the will conferring some power of office
on the former spouse will be interpreted as if the former spouse failed
to survive the testator. See California Probate Code Section 6122.
Unless the will expressly provides otherwise, if after executing a will the testator's domestic partnership is terminated, the termination revokes all the following:
(1) Any disposition or appointment of property
made by the will to the former domestic partner.
(2) Any provision of the will conferring a general
or special power of appointment on the former domestic partner.
(3) Any provision o the will nominating the
former domestic partner as executor, trustee, conservator, or guardian.
(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnerhsip with the former domestic partner.
(c) In cases of revocation by termination of a
domestic partnership:
(1) Property prevented from passing to a former
domestic
Locating Will: If the testator's will was
last in the testator's possession,
the testator was competent until death, and neither the will nor
a duplicate original of the will can be found after the testator's death,
it is presumed that the testator destroyed the will with intent to revoke
it. This presumption is a presumption affecting the burden of producing
evidence. 6124.
Note: All law summaries and previews are subject to the disclaimer located on the main forms page.
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