Sacramento Will Attorneys

Trusted Will Attorneys for Personalized Estate Planning Solutions

Most Californians recognize the importance of having a will. Even so, many individuals mistakenly believe that if they die without a will, their assets will automatically be distributed to their closest relatives. 

Unfortunately, this is not always the case, and if you pass away without having critical estate planning documents, your beneficiaries could be left waiting to receive vital financial resources.

The most effective strategy is to hire experienced Sacramento will lawyers to assist you with creating a comprehensive estate plan that protects your loved ones. Contact Cava & Faulkner, Attorneys at Law, today to schedule a free, no-obligation consultation to learn more about how we can help.

Who Inherits Your Assets If You Die Without a Will in California?

If you die without a will in California, the state’s intestate succession laws determine how your assets are distributed. Intestate succession laws prioritize your spouse or registered domestic partner, followed by immediate family members.

The decedent’s half of the community property is automatically transferred to the surviving spouse or domestic partner. If you have children, any separate property is divided according to the state’s intestate succession laws. For example, under the law, if you have one child, your child and spouse or domestic partner will split all separate property equally.

If you are unmarried and intestate, the law first looks to children, who inherit equally. If there are no children, the laws follow a hierarchy that includes parents, siblings, grandparents, and nieces or nephews. If no relatives are located, the estate will revert to the state.

Does Having a Will Help My Family Avoid Probate After I Die?

Although having a will is essential to name your executor and appoint guardians for your minor children, it does not help your family avoid probate. Instead, in California, a will serves as a roadmap for the court and is just one of several estate-planning documents needed to protect your family’s future.

Due to the complexities associated with the state’s probate law, having a lawyer assist you with estate planning is essential to helping your beneficiaries keep as much of their financial resources as possible.

For example, an estate planning document that can help your family and beneficiaries avoid probate is a living trust. Assets placed in a living trust are no longer considered your property and are exempt from probate.

Other methods commonly used to avoid probate include:

• Joint tenancy or community property with right of survivorship.
• Transfer on death (TOD) deeds for real property.
• Payable-on-death (POD) beneficiary designations for financial accounts.

Why is it Essential that I name a Guardian for My Minor Children in My Will?

If you have young children, naming a guardian who will care for them should you pass away is essential. A common misconception among many Californians is that their immediate family members, such as grandparents or siblings, will automatically be granted custody. If you pass away without a will in California, the court appoints a guardian for your children.

The lack of a will and nominated guardian often results in prolonged and costly custody disputes. Until the matter is resolved, the child could be placed in temporary foster care. The court will decide custody based on what it believes is in the child’s best interests, which may not be the decision you would have made.

To ensure the court has clear direction regarding the care of your minor children if you are unable to provide it, the most dependable method is to create a will that names a guardian.

 

What is a Pour-Over Will?

A pour-over will acts as a safety net and “pours” any assets into a revocable living trust that were omitted when the trust was created. This type of will ensures that any assets acquired after the trust’s creation are not subject to the state’s intestacy law.

Any assets included in the pour-over will be transferred to the trustee, who will then distribute them according to the instructions in the trust document. A pour-over will should not be considered a substitute for creating and funding a trust.

Small Estates

If the total value of any property that was not included in the will is under the state’s $184,500 in 2026, your beneficiaries can use a small estate affidavit to transfer the new assets into the trust without having to go through the full probate process.

Large Estates

Although some estate assets can bypass some aspects of probate with the help of a pour-over will, others must still undergo the entire process. For example, if you do not include your home, which is worth at least $500,000, in a living trust, it must go through probate before it can be “poured” into the trust. 

Why is it Best to hire a Lawyer to Help Me Write a Will?

As in the case of any legal matter, it is best to hire a lawyer to help you write a will. The last thing you want is for your will to be subject to legal scrutiny because it was not signed or witnessed correctly. Having legal assistance ensures that your will is legally binding and compliant with all California laws.

Other essential legal services that a lawyer can provide when helping you draft a will include:

• Minimize probate costs.
• Determine if you need other estate planning documents, such as a trust for minor children or those with special needs.
• Creating a customized plan that helps to reduce estate taxes for large estates.
• Assist you with navigating the complexities involved with family dynamics to help avoid potential conflicts.
• Provide legal advice and guidance for when your will should be updated, modified, or revoked due to significant life events such as marriage, divorce, or the birth of children or grandchildren.

Contact Cava & Faulkner, Attorneys at Law, today to Protect Your Assets and Secure Your Legacy

Cava & Faulkner, Attorneys at Law, is a law firm committed to helping clients prepare and plan for the future. When you come to us for assistance, we take the time to listen to your concerns and work diligently to create high-quality legal documents that align with your goals.

Our legal professionals realize that planning for your death can be emotionally challenging. Even so, writing a will can help your loved ones confidently face the future knowing that you have properly planned for what lies ahead.

If you are ready to get started on your estate plan or have other legal concerns, our knowledgeable will attorneys are available to answer questions. Contact our Sacramento, CA area law offices today at (916) 831-7565 to schedule a free consultation.