Pour-over wills
A pour-over will accompanies a living trust and directs that any assets not titled in the trust at your death be transferred (“poured over”) into it. It also names guardians for minor children or dependents and names your executor.
When is a stand-alone will enough?
A simple will may be appropriate where your assets that would pass through probate are modest. California allows estates under the small-estate limit (Probate Code § 13100 — $208,850 for deaths on or after April 1, 2025) to be collected by affidavit without full probate. If you own a home or larger accounts, a trust-based plan is often more efficient.
Signing requirements
A California will generally must be in writing, signed by you, and witnessed by two adults who understand it is your will (Probate Code § 6110). Handwritten (holographic) wills can be valid if the signature and material provisions are in your handwriting (§ 6111), but they are a frequent source of disputes.
Common questions
Who should I name as guardian for my children?
Choose someone who shares your values and is able to raise your children, and name an alternate. We can discuss how to provide funds for the guardian through your trust.
Can I write my own will?
California recognizes holographic and statutory form wills, but mistakes in wording, witnessing or coordination with other assets are common and can lead to probate or family disputes.
General information about California law, not legal advice. Laws and dollar thresholds change; confirm current rules for your situation.