Will drafting

Wills across San Diego County

A will is the foundation of any estate plan, and even residents who have a living trust need one to name a guardian for minor children and catch any asset not transferred into the trust. We match San Diego County residents with vetted, licensed estate-planning attorneys who draft a last will and testament or pour-over will tailored to your family and assets.

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San Diego County resident reviewing a last will and testament with an estate-planning attorney at a law office

What's included in this service?

Draft a last will and testament naming your chosen heirs and the share each receives
Designate an executor responsible for gathering assets, paying creditors, and distributing the estate through probate
Name a guardian for minor children, which can only be done in a will, not a trust
Draft a pour-over will that works alongside a living trust, directing any asset not held in the trust into the trust at your death
Advise on which assets pass by will, which pass by beneficiary designation outside the will, and which are already covered by a living trust
Ensure the will is executed with the witnesses and notarization required by California Probate Code

When do you need this service?

You have minor children and need to name a guardian in a legally enforceable document
You have a living trust and need a pour-over will to catch any asset that was not transferred into the trust during your lifetime
You want to name a specific executor you trust to handle your estate rather than letting the court appoint an administrator
You have assets that cannot be held in a trust, such as certain retirement accounts, and want to direct their distribution
You have family members you specifically want to exclude from your estate, which requires a valid will to be enforceable

What do homeowners ask about Will drafting?

What is a pour-over will and do I need one if I have a living trust?

A pour-over will is a will that directs any asset not held in your living trust at your death to be transferred into the trust through probate. It is a safety net for assets that were never funded into the trust, such as a bank account opened after the trust was signed. If you have a living trust, you almost always need a pour-over will to complete the plan.

What happens if I die without a will in California?

California intestate succession law determines who inherits your assets. Generally, assets pass to your spouse and children according to a statutory formula. If you have no spouse or children, assets pass to parents, siblings, and then more distant relatives. The court appoints an administrator rather than your chosen executor. A will lets you name your own choices rather than accepting the default outcome.

Can a will avoid probate in California?

No. A will must go through probate court in California. Probate is the court process that validates the will, settles debts, and oversees distribution. It becomes public record, takes a minimum of 12 months, and incurs statutory attorney and executor fees. A living trust avoids probate for assets held in the trust. A will handles assets outside the trust and is still an essential part of a complete estate plan.

How do I make a will legally valid in California?

California requires a will to be in writing, signed by the testator, and witnessed by two competent adult witnesses who are present at the signing and do not inherit under the will. A notarized will is not required by California law but can simplify the probate process. The estate-planning attorney handles the execution ceremony to make sure the will meets California Probate Code requirements.

Are the attorneys you match licensed to draft wills in California?

The estate-planning attorneys we match are licensed members of the State Bar of California. You can verify any California attorney at calbar.ca.gov before signing a fee agreement. Trust Law SD is a referral service and is not a law firm.