A will is a legal document that says who receives your property when you die and who will be the guardian of your minor children. A will only takes effect after death and generally must go through probate court. For that reason most California families who own a home pair a living trust with a pour-over will, which sends anything left outside the trust into the trust.
What a will does
- Names who receives your property.
- Names an executor to carry out your wishes.
- Nominates guardians for minor children. This is something only a will can do.
- Can leave property to a trust, including a trust for a child or a person with special needs.
Pour-over will
A pour-over will is written to work with a living trust. If you owned something at your death that was not titled in the trust, the will directs it into the trust, where it is distributed under the trust terms. The property in the will still has to pass through probate unless the estate is small enough for a simplified process, so a pour-over will is a safety net, not a replacement for funding the trust.
Talk to our office
Tell us about your family and we will recommend a plan.
California will requirements
A California will must be in writing and signed by you. Two witnesses must be present at the same time when you sign or acknowledge the will, and they must understand that the document is your will. A handwritten (holographic) will can be valid if the signature and material terms are in your handwriting, but they are easy to get wrong and often cause disputes, so we do not recommend them. After a death, anyone holding the original will must deliver it to the court within 30 days.
What happens without a will
If you die without a will or trust, California intestacy law decides who inherits, in a fixed order that favors a spouse and relatives. It does not consider unmarried partners, close friends, stepchildren or charities, and it does not name a guardian you choose for your children.
Texas wills
Texas also requires a signed will with two witnesses. A self-proving affidavit that is signed with the will makes probate faster. A Texas will must generally be filed in court within four years of death. We prepare wills for Texas residents as well. Read about Texas estate planning.
Frequently asked questions
Do I still need a will if I have a living trust?
Yes. A pour-over will catches anything not in the trust and is the document in which you nominate guardians for minor children.
Does a will avoid probate?
No. A will is the document the court uses during probate. A living trust is what lets your family avoid probate.
Can I write my own will?
California allows a handwritten will, but errors in wording or signing are common and can cause disputes or invalidate the will. We recommend having an attorney prepare it.
Where should I keep my will?
Keep the original in a safe place your executor knows about. Tell your executor and family where it is, because it must be delivered to the court within 30 days after your death.
Attorney: Vinh N. Doan, Attorney at Law. J.D., Florida State University; LL.M. in Taxation, University of Alabama; MSIM, Boston University. Licensed in California (State Bar No. 296718) and Texas.
Last updated: November 2026. Vinh Doan Law Office, APC, 10971 Garden Grove Blvd, Ste G, Garden Grove, CA 92843.
This page is general information, not legal advice. Laws change, and your situation is unique. No attorney-client relationship is formed until a signed engagement agreement is in place.