Will - James Legal Group, Inc.

A Will is a legal document that states how you want property held in your individual name to be distributed after your death. It allows you to identify your beneficiaries, nominate an executor to administer your estate, and express your wishes concerning who should serve as guardian for your minor children.

Without a valid Will or other controlling estate-planning arrangement, property may be distributed according to California’s intestate-succession laws rather than according to your personal wishes.

A Will becomes effective only upon death and does not ordinarily avoid probate. Even when a Revocable Living Trust is the central component of an estate plan, a Will remains important because it addresses assets that may not have been transferred into the trust and allows parents to nominate guardians for their minor children.

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Frequently Asked Questions

A Will generally becomes effective only after death and directs the distribution of property held in your individual name. It can also nominate an executor and identify your preferred guardians for minor children. A trust may operate during your lifetime, provide for the management of assets during incapacity, and allow properly funded trust assets to be administered without probate.

Not ordinarily. A Will tells the probate court how you want individually owned property distributed, but it does not generally prevent the need for probate. Whether a probate proceeding is required will depend upon the nature, ownership, and value of the assets involved, as well as any beneficiary designations or other estate-planning arrangements.

You should consider someone who shares your values, can provide a safe and stable home, and is willing and able to take on the responsibility. You may also nominate alternate guardians in case your first choice cannot serve. Although the court must ultimately approve a guardian, a parent’s written nomination is an important expression of the parent’s wishes.