QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL
The following information, in question and answer form, is not a part of the California Statutory Will. It is designed to help
you understand about Wills and to decide if this Will meets your needs. This Will is in a simple form. The complete text of
each paragraph of this Will is printed at the end of the Will.
1. What happens if I die without a Will? If you die without a Will, what you own (your “assets”) in your name alone will be
divided among your spouse, domestic partner, children, or other relatives according to state law. The court will appoint a
relative to collect and distribute your assets.
2. What can a Will do for me? In a Will you may designate who will receive your assets at your death. You may designate
someone (called an “executor”) to appear before the court, collect your assets, pay your debts and taxes, and distribute your
assets as you specify. You may nominate someone (called a “guardian”) to raise your children who are under age 18. You
may designate someone (called a “custodian”) to manage assets for your children until they reach any age from 18 to 25.
3. Does a Will avoid probate? No. With or without a Will, assets in your name alone usually go through the court probate
process. The court’s first job is to determine if your Will is valid.
4. What is community property? Can I give away my share in my Will? If you are married or in a domestic partnership and
you or your spouse earned money during your marriage or domestic partnership from work and wages, that money (and the
assets bought with it) is community property. Your Will can only give away your one-half of community property. Your Will
cannot give away your spouse’s one-half of community property.
5. Does my Will give away all of my assets? Do all assets go through probate? No. Money in a joint tenancy bank account
automatically belongs to the other named owner without probate. If your spouse, domestic partner, or child is on the deed to
your house as a joint tenant, the house automatically passes to him or her. Life insurance and retirement plan benefits may
pass directly to the named beneficiary. A Will does not necessarily control how these types of “nonprobate” assets pass at
your death.
6. Are there different kinds of Wills? Yes. There are handwritten Wills, typewritten Wills, attorney-prepared Wills, and
statutory Wills. All are valid if done precisely as the law requires. You should see a lawyer if you do not want to use this
Statutory Will or if you do not understand this form.
7. Who may use this Will? This Will is based on California law. It is designed only for California residents. You may use this
form if you are single, married, a member of a domestic partnership, or divorced. You must be age 18 or older and of sound
mind.
8. Are there any reasons why I should NOT use this Statutory Will? Yes. This is a simple Will. It is not designed to reduce
death taxes or other taxes. Talk to a lawyer to do tax planning, especially if (i) your assets will be worth more than $600,000
or the current amount excluded from estate tax under federal law at your death, (ii) you own business-related assets, (iii) you
want to create a trust fund for your children’s education or other purposes, (iv) you own assets in some other state, (v) you
want to disinherit your spouse, domestic partner, or descendants, or (vi) you have valuable interests in pension or
profit-sharing plans. You should talk to a lawyer who knows about estate planning if this Will does not meet your needs. This
Will treats most adopted children like natural children. You should talk to a lawyer if you have stepchildren or foster children
whom you have not adopted.
9. May I add or cross out any words on this Will? No. If you do, the Will may be invalid or the court may ignore the crossed
out or added words. You may only fill in the blanks. You may amend this Will by a separate document (called a codicil).
Talk to a lawyer if you want to do something with your assets which is not allowed in this form.
10. May I change my Will? Yes. A Will is not effective until you die. You may make and sign a new Will. You may change
your Will at any time, but only by an amendment (called a codicil). You can give away or sell your assets before your death.
Your Will only acts on what you own at death.
11. Where should I keep my Will? After you and the witnesses sign the Will, keep your Will in your safe deposit box or other
safe place. You should tell trusted family members where your Will is kept.
12. When should I change my Will? You should make and sign a new Will if you marry, divorce, or terminate your domestic
partnership after you sign this Will. Divorce, annulment, or termination of a domestic partnership automatically cancels all
property stated to pass to a former spouse or domestic partner under this Will, and revokes the designation of a former spouse
or domestic partner as executor, custodian, or guardian. You should sign a new Will when you have more children, or if your
spouse or a child dies, or a domestic partner dies or marries. You may want to change your Will if there is a large change in
the value of your assets. You may also want to change your Will if you enter a domestic partnership or your domestic
partnership has been terminated after you sign this Will.
13. What can I do if I do not understand something in this Will? If there is anything in this Will you do not understand, ask a
lawyer to explain it to you.
14. What is an executor? An “executor” is the person you name to collect your assets, pay your debts and taxes, and
distribute your assets as the court directs. It may be a person or it may be a qualified bank or trust company.
15. Should I require a bond? You may require that an executor post a “bond.” A bond is a form of insurance to replace assets
that may be mismanaged or stolen by the executor. The cost of the bond is paid from the estate’s assets.
16. What is a guardian? Do I need to designate one? If you have children under age 18, you should designate a guardian of
their “persons” to raise them.
17. What is a custodian? Do I need to designate one? A “custodian” is a person you may designate to manage assets for
someone (including a child) who is under the age of 25 and who receives assets under your Will. The custodian manages the
assets and pays as much as the custodian determines is proper for health, support, maintenance, and education. The custodian
delivers what is left to the person when the person reaches the age you choose (from 18 to 25). No bond is required of a
custodian.
18. Should I ask people if they are willing to serve before I designate them as executor, guardian, or custodian? Probably
yes. Some people and banks and trust companies may not consent to serve or may not be qualified to act.
19. What happens if I make a gift in this Will to someone and that person dies before I do? A person must survive you by 120
hours to take a gift under this Will. If that person does not, then the gift fails and goes with the rest of your assets. If the
person who does not survive you is a relative of yours or your spouse, then certain assets may go to the relative’s
descendants.
20. What is a trust? There are many kinds of trusts, including trusts created by Wills (called “testamentary trusts”) and trusts
created during your lifetime (called “revocable living trusts”). Both kinds of trusts are long-term arrangements in which a
manager (called a “trustee”) invests and manages assets for someone (called a “beneficiary”) on the terms you specify. Trusts
are too complicated to be used in this Statutory Will. You should see a lawyer if you want to create a trust.
21. What is a domestic partner? You have a domestic partner if you have met certain legal requirements and filed a form
entitled “Declaration of Domestic Partnership” with the Secretary of State. Notwithstanding Section 299.6 of the Family
Code, if you have not filed a Declaration of Domestic Partnership with the Secretary of State, you do not meet the required
definition and should not use the section of the Statutory Will form that refers to domestic partners even if you have
registered your domestic partnership with another governmental entity. If you are unsure if you have a domestic partner or if
your domestic partnership meets the required definition, please contact the Secretary of State’s office.
INSTRUCTIONS
1. READ THE WILL. Read the whole Will first. If you do not understand something, ask a lawyer to explain it to you.
2. FILL IN THE BLANKS. Fill in the blanks. Follow the instructions in the form carefully. Do not add any words to the Will
(except for filling in blanks) or cross out any words.
3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT. Date and sign the Will and have two witnesses sign
it. You and the witnesses should read and follow the Notice to Witnesses found at the end of this Will.
*You do not need to have this document notarized. Notarization will not fulfill the witness requirement.