California Legal Documents

All of the decedent's separate property, generally assets in the deceased person's name alone acquired outside of marriage or inherited during marriage; One-half of the decedent's community property (generally, property acquired during marriage);

Obtain the California Statutory Will form. The California Statutory Will form is available as a free download from the California State Bar Association website. Complete the form. Sign the form and have two witnesses sign it.

Include personal identifying information. Include a statement about your age and mental status. Designate an executor. Decide who will take care of your children. Choose your beneficiaries. List your funeral details. Sign and date your Last Will and Testament.

You can make your own will in California, using Nolo's do-it-yourself online will or will software. 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.

Use a completely blank sheet of paper (no letterhead, no logo, nothing on it) Write the entire will in your own handwriting. State your name and that you are of sound mind and not under any duress to write a will. State the county in which you reside. State that it is your last will and that it supersedes all prior wills.

Using an attorney means that the trust will be completed correctly, but the associated fees can greatly increase the cost of creating a living trust. The average cost for an attorney to create your trust ranges from $1,000 to $1,500 for an individual and $1,200 to $1,500 for a couple.

Generally, to be valid in California, the document must be in writing and signed by the testator, or the person making the document, and two witnesses. A last will and testament is a legal instrument that allows you to distribute property after your death to the people and organizations of your choosing.

An estate plan that includes a trust costs $1,000 to $3,000, versus $300 or less for a simple will. What a living-trust promoter may not tell you: You don't need a trust to protect assets from probate. You can arrange for most of your valuable assets to go to your heirs outside of probate.