California Wills Law in Oakland and Walnut Creek

A will, also known as a testament, is a legal document created by an individual, called the testator, which names the person who will manage their estate and explains how the property of the testator will be transferred upon their death.

Residents of California need to abide by certain laws when preparing a will. The requirements for creating Walnut Creek and Oakland wills include the following:

  • The testator is at least 18 years old.
  • The testator is of sound mind.
  • The will must be signed by the testator or somebody acting legally on their behalf.
  • The will must be signed by at least two witnesses.

These are just a few of the laws that apply to California wills. For more in-depth information about wills law, you should speak with an Oakland tax lawyer from Vaught & Boutris LLP. In addition to proving help with legal wills, we can also assist you with Oakland living wills and will litigation in Walnut Creek.

Oakland & Walnut Creek wills law recognizes these types in California

California wills law in Oakland and Walnut Creek recognizes three types:

  • Holographic or handwritten wills. In California, if you write a will in your own hand, the entire document must conform to this style. No part of a holographic will may be typed. In addition, this type of will must be dated and signed.
  • Statutory will. A statutory will is also known as a fill-in-the-blank will and is typically used by people who have small estates. It is quite limited in its scope, as the choices that are provided for how property is distributed cannot be made to fit many different situations.
  • A will prepared by a third party. These types of wills are also referred to as lawyer-prepared wills because they are almost always prepared by lawyers. This can be helpful, because an attorney can advise you on the most economical ways to distribute your assets to loved ones, including minimizing tax implications.

Contact Vaught & Boutris to find out more about wills law in Oakland and Walnut Creek

The attorneys at Vaught & Boutris LLP are knowledgeable about many aspects of Walnut Creek and Oakland wills law, including drafting legal and living wills, probate, and litigation. We provide excellent client representation at affordable prices. To discuss your case, contact us online or call 510-430-1518 today.


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