Getting Your Affairs in Order: Wills

California Probate Code, Division 6, Wills and Interstate Succession, sec. 6800 - 6806 California will and interstate succession law is set out in California Probate Codes § 6800 - 6806. These sections of the code the explain the general provisions of a will, how to revoke a will, and family protection. They also contain a statutory form in Probate Code sec. 6200, however this form is NOT available in the online version of the code, but are available in our online databases, like Westlaw or LexisAdvance.

The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.

Was this research guide helpful? Please consider giving a tax-deductible donation so we can continue to provide access to legal information.

Thank you for your support!

What a Will Does - Common Examples

• Leaving your property and possessions to a individual, group of individuals, or organization.
• Assigning someone to take care of your minor children.
• Assigning someone to take care of property or possessions you leave to minor children until they come of age. 

Wills - Statutory vs. Traditional

In the face of the pandemic crisis, getting your affairs in order is more important then ever. There are two types of wills, statutory and traditional. The State of California offers a Statutory Will Form, a one-size-fits-all document. Statutory wills are free, familiar to the California Courts system, and simple. However, unlike a traditional will, they cannot be tailored to fit a specific situation. To find out more about the pros and cons of Statutory wills, check out this article from NOLO. 

General Legal Requirements for Writing Traditional Will

The complexity of writing a will depends upon the context of how complex the assets and life of the person wishing to write the will is. If at any time you are unsure if a specific form or template does not apply to you, utilize the attorney referral service from the San Diego County Bar Association. 

• Name one provision. For example, giving away property, or naming a guardian to care for minor children who are left without parents.
• The person writing the will must sign and date the document.
• Be witnessed by two people who are not named as beneficiaries under the will.
• A will does not need to be notarized.

Common Legal Terms - from NOLO Common Terms in Wills and Trusts

• Beneficiary - Someone named in a legal document to inherit money or other property. 
• Executor - The person named in a will, and appointed by the probate court after the will-maker’s death, to wind up the affairs of a deceased person.
• Personal property - All kinds of assets except real property.
• Real property - Real estate—that is, land and things permanently attached to it, such as houses.
• Trustee - Someone who has legal authority over the assets in a trust.

Writing a Will with NOLO

NOLO guides are do-it-yourself guides for lots of legal topics, including wills and estate planning. San Diego Law Library offers free access to many publications on the NOLO Legal Information Resource Center database on our website. These resources are not California specific. Not in San Diego county? Click here to locate your nearest California County Law Library. 

Are you a borrower with San Diego Law Library? Good news! Reach out to us via email refdesk@sdlawlibrary.org or phone, 619-531-3900 (Se habla español) or 760-940-4386, and we'll be able to give you remote access to the Gale Legal Forms Database. 

Writing a Will with Gale Legal Forms

Looking for an example or fillable form? Access Gale Legal Forms here.

Topics available on the Gale Legal Forms Database include: ​

• Will Forms in Spanish
• Wills for Other Persons or Same Sex
• Wills for People Living Together
• Wills for People with Children
• Wills for People without Children
• Mutual Wills for Married Couple

Borrowers at San Diego Law Library can access Gale Legal Forms remotely, and access is always free at the library. More information is available here.

The California Courts website has a self-help section on Wills, Estate, and Probate which can also be helpful specifically when a family member passes away. 

California Bar Statutory Will Option

Check out a pdf available from the California Bar of a statutory will here.

Veteran Affairs, No Cost Beneficiary Financial Counseling Service and Online Will Preparation - https://www.benefits.va.gov/insurance/bfcs.asp