California Wills

Laws concerning California Wills are contained in the Probate section of the California Codes.  You can create a valid California Will that meet these criteria using LegacyWriter's online questionnaire.

Who Can Make a Will?

To make a California Last Will a person needs to be at least eighteen years old and be of sound mind.

California Estate Taxes

Currently California has a "pick-up" tax.  With a pick-up tax you only pay California Estate Taxes if you have to file a United States Estate Tax Return (IRS Form 706).  As you fill out the IRS form, it will inform you how much you owe the state of California; this amount will be deducted from what you owe the federal government.

California estate taxes are due on or before 9 months following death.  The executor must file and a copy of the federal form with the .

For 2005 you do not have to file a federal estate taxes if the estate is less than $1.5 million; this increases to $2 million in 2006.

Probate: California courts and your Last Will

Probate is a court-supervised process for gathering the deceased person's assets, paying taxes, claims and expenses and distributing assets to beneficiaries.  Probate in California has a reputation of being difficult and expensive.  Following your death, your Executor will likely have to hire an attorney to navigate the probate process; in selecting a lawyer it is important to get an experienced probate lawyer yet be mindful of the fees he or she may charge.

Related LegacyWriter Information

• California Living Wills - A legal document defining your health care decisions should you ever be in a terminal condition and are unable to communicate
• California Power of Attorney - Financial and Health Care
• California Will Process - Description of the LegacyWriter California Will process.

Other California Will Links

• California State Law - Search the California constitution and statutes
• California State Controller's Office - Estate Tax