Wills

A will is one of the four components of a complete estate plan. A will can be used on its own but will need to go through probate in most cases.

If you are above 18 years of age and have something you would like to leave to someone you care about, you will need to create a will.

Everyone has a will, but not everyone creates one. Ask yourself these questions to see if it’s time to create or update a will.

  • Am I at least 18 years of age?
  • Do I own any valuable possessions?
  • Do I know who I would want to handle the distribution of my assets should I die in the near future?

Create your will today!
We are here to help you protect the things you care about most. Whether you want a simple plan to handle your assets or a secondary coverage for your living trust, we can help you create a will that will carry out all of your wishes.

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Call (800) 244-8814

What is a Will?

A will is a legally binding testamentary document that follows specific rules that have the purpose of directing who will receive your assets when you die. The will also appoints a person to legally carry out your wishes, this person is generally called an executor or a personal representative.

The administration of your will is carried out in the process called probate. A will is a written testimony to the judge that instructs as to how your assets should be managed after your death.

The will only controls property that is subject to probate. This generally means property held in your own name, property held as tenants in common, or in California, community property. These types of properties may include bank accounts, investment accounts, real estate, and personal property held in your name only.

There are several forms of property ownership that will not be controlled by the provisions of the will. These types of ownership include joint tenancy, community property with right of survivorship, life estate, “pay-on-death accounts” and assets that transfer by beneficiary designations such as life insurance policies, annuities, Retirement Plans, IRAs or 401(k) plans. One of the best methods of avoiding the probate process is to transfer your property into a living trust.

Distributing property through the terms of your will is better than dying Intestate, which is the term used to describe people who die without creating a testamentary plan.

However, property that is controlled by your will has to be transferred to your beneficiaries through the probate process and in California that is a lengthy, public, and expensive procedure.

Related Areas of Practice

Probate Trust Administration Durable Power of Attorney Charitable Giving Special Needs Planning

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Why Copenbarger & Copenbarger LLP?

We are a full-service law firm that has been serving families throughout California since 1979. Since the beginning, our firm’s goal has been to protect clients just like you and families just like yours by protecting your legacy and resources for generations to come. We recognize that every person is a unique individual with unique needs and circumstances. We aim to be your first resource for all professional needs and to ensure that your choices, your wishes, and your legacy are protected.

Copenbarger & Copenbarger LLP

(800) 244-8814

Located in California, the law firm of Copenbarger & Copenbarger LLP represents clients throughout California, including, but not limited to the cities of Sacramento, San Jose, Santa Cruz, Pasadena, Santa Ana, Temecula, San Diego, Riverside, Bakersfield, and Borrego .

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