Estate Planning - Wills and Trusts
Important: The California Attorney General does not give legal advice to individuals. If you are trying to decide how to provide for the distribution of your assets or care of your children after you die and you need legal assistance, you should hire your own lawyer. For more information, go to Attorneys/Lawyers page or visit the California State Bar website.
Generally, if you die without a will, trust, or other provision for the distribution of your money and property, that money and property will be distributed according to California law. This is a complicated process, but essentially the state will determine who gets the property based on their relationship to you.
However, some property, such as joint bank accounts, insurance proceeds, 401Ks, and other financial investments, will be given to the person you designated as the beneficiary. Usually, the financial company or insurance company allows you to select the beneficiary at the time you open the account, and will allow you to change it at any time. Check with the company. If it’s a joint account, that is if you and someone own the account together, the other account holder usually gets the balance when you die. Also in California some things you own, such as a house, may be registered with your county as “community property.” If that’s the case, your surviving spouse becomes the sole owner on your death.
One way you can control the distribution of your property after death is through a will. But, even though your will can provide for information on how to distribute your assets, your beneficiaries or a named executor will still need to go through a court process called probate to distribute your property. You can also use a will to make arrangements for the care of your minor children.
Finally, you can arrange for the distribution of your property through a living trust. There are books and guides available that teach you how to do this yourself, but you should be very careful and make sure that these publications have been customized to comply with California law. Whether or not to create a trust is a personal decision and you should consider whether you need to hire a lawyer or other estate planning professional. However, be aware that not every person offering to set up a trust is trustworthy. Please see our Living Trust Mills page for more information.
More detailed information is available from the California State Bar: