A Will That Prevents Confusion and Protects Your Loved Ones

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Why Your Will Still Matters

A will is often the first document people think about, but most aren’t sure what it truly covers. In California, your will names guardians for minor children, directs how assets outside your trust should pass, and supports your living trust so your plan stays clear and coordinated. Without a will, state intestacy laws determine what happens—and a probate case is usually required once assets pass certain thresholds. Our goal is to create a will that removes uncertainty, reduces the risk of conflict, and makes sure your family has clear instructions instead of a legal puzzle.

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What a Will Can and Cannot Do for Your Family

Naming Guardians for Minor Children

Your will is typically where you name who should care for your children if something happens to you. This gives young parents in places like Oak Park and Newbury Park peace of mind that someone they trust is clearly identified.

Supporting Your Living Trust

Even if you already have a revocable living trust, a “pour-over” will helps capture assets that never made it into the trust. It directs those assets to your trust so your overall estate planning stays coordinated.

Catching Assets Left Outside the Trust Details

Bank accounts, vehicles, or other property that remain in your name alone at death may need to pass under your will. We help you understand which assets should be retitled into your trust and which are likely to be covered by your will.

Understanding What Probate Still Requires

A will alone does not avoid probate; it simply gives the court instructions about who should inherit. We explain how probate works in Ventura and LA County so you understand why many families pair a trust with a will rather than relying only on a will-based plan.

Local Examples You May Relate To

A trust only works if the right assets are moved into it, a process called funding. We guide you through retitling accounts, updating beneficiary designations, and addressing local real estate so your trust is more than just paperwork.

What to Expect When We Help With Your Will

Creating or updating a will begins with a conversation about your family, assets, and any documents you already have. We explain, in plain language, how a will fits into your overall plan—and when a trust may be needed to reduce probate exposure. Together, we identify guardians, choose a personal representative (executor), and outline how your estate should be divided.

01

We review your situation, goals, and any existing documents, including trusts or old wills.

02

We discuss whether you need a stand-alone will, a pour-over will paired with a trust, or a full estate planning update.

03

We prepare a draft will and review it with you, explaining each section and confirming guardians, beneficiaries, and executors.

04

We supervise or guide the signing process so your will meets California formalities and is easier to honor in court if ever needed.

Wills, Trusts, and What Happens Without a Plan

Understanding how wills, trusts, and intestacy interact can help you choose the right estate planning structure for your situation. The table below offers a simple comparison you can review before we talk in more detail about your personalized estate planning.

Wills, Trusts, and Intestacy in California
Probate Exposure Privacy Guardians for Minor Coordination With Trusts: Best Fit Scenarios
With Only a Will Most estates that exceed California’s small-estate limit must go through probate, which means court oversight, timelines, and added cost. Probate filings are public, so details about your assets and beneficiaries may appear in the court record. You can nominate guardians for minor children directly in your will, which is one reason every parent should have one. If there is no trust, the will stands alone and probate administration handles most distributions. May fit smaller, simpler estates where privacy is less of a concern and trust administration is not needed.
With a Trust and Pour-Over Will A fully funded trust can keep many assets out of probate, while the pour-over will serves as a safety net for anything left outside the trust. Trust administration is usually handled outside of court, allowing more privacy for your family and your estate planning details. You still nominate guardians in your will, even if your trust holds most assets. The pour-over will directs remaining assets into your revocable living trust, keeping your estate planning more consistent. Often recommended for homeowners and families with more substantial assets seeking to reduce probate and keep matters private through estate planning and living trusts.
Dying Without a Will (Intestate) Courts almost always become involved when there is no will, especially if real estate or significant accounts are involved. All intestate probate filings are public, and distributions follow California law, not your personal wishes. A judge must decide who will care for minor children without the benefit of your written preferences. If no trust exists either, everything defaults to intestacy rules, and family members may be surprised by who inherits. Never ideal; intestacy is the default when no estate planning has been done, which is why we encourage at least a simple will and, often, a trust.
Two overlapping speech bubbles with a question mark.

Common Questions About Wills in California

  • Are handwritten wills valid in California?

    In some circumstances, a handwritten (holographic) will can be considered valid, but it must meet specific legal requirements and can still invite disputes. Many families prefer a formally prepared, typed will to reduce questions later. We help ensure your will meets California standards and is easier for the court to interpret.

  • What witnesses or notary do I need for my will?What witnesses or notary do I need for my will?

    Most California wills require at least two qualified witnesses who watch you sign and sign themselves. A notary may be useful for related documents, but witnesses are typically the key for a valid will. We walk you through the exact signing steps so your document holds up if it ever needs to go before a Ventura or LA County probate judge.

  • How often should I update my will?

    It’s wise to review your will every three to five years or after major life changes such as marriage, divorce, a move, or the birth of a child or grandchild. Changes in your assets or in who you want as guardians, beneficiaries, or executors are also good reasons to update. We make will updates part of your ongoing estate planning, not just a one-time event.

  • What happens if I marry, divorce, or my executor can’t serve anymore?

    Marriage, divorce, or a change in your executor’s circumstances can affect how your will operates and who is able to serve. If your chosen executor dies, moves away, or can no longer serve, the court may need to appoint someone else if your will doesn’t list alternates. Updating your will after major relationship changes helps keep your estate planning accurate and reduces the risk of conflict.

  • Do I need a will if I already have a trust in California?

    Yes. A living trust handles assets placed into it, but a pour-over will is still needed to cover anything left outside the trust and to nominate guardians for minor children. The trust does much of the heavy lifting, but the will acts as a backup so your planning is more complete.

Ready to Put Your Wishes in Writing?

We help families across Westlake Village, Thousand Oaks, Simi Valley, Oak Park, and nearby Ventura and LA County communities put clear instructions in writing. Whether you’re creating your first will or updating an older one, we walk you through each decision in calm, simple steps.

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