Bakersfield Will & Trust Attorney

Last Wills, Advance Directives & Powers of Attorney

As we explain on our estate planning page, a living will differs from a last will and testament. In California, the document commonly described as a living will is generally addressed through an advance health care directive. This directive can record health care instructions and appoint an agent to make health care decisions if you can’t communicate them yourself.

A financial power of attorney serves a separate purpose. It gives a chosen agent authority over specified financial or legal matters, including during incapacity when the document provides for that authority.

A last will and testament generally states how property should be distributed among beneficiaries after your death. It may also nominate an executor and a guardian for minor children. A will generally doesn’t control assets transferred through beneficiary designations, survivorship rights, or other non-probate arrangements.

Requirements for Making a Will in California

California recognizes multiple pathways for creating a valid will, so the applicable requirements depend on the document type and circumstances. A printed will commonly requires an adult testator with testamentary capacity to sign the document using the required witness formalities. California also recognizes statutory and holographic wills under defined conditions.

A California will should address:

• Beneficiaries: Identify the people or organizations intended to receive property controlled by the will.
• Executor: Nominate the person who should administer the estate through probate.
• Guardianship: Name a preferred guardian for minor children when applicable.
• Property: Consider which assets the will controls and which may pass through another arrangement.

You don’t need to notarize a standard witnessed will to make it legally enforceable in California. Notarization isn’t a universal substitute for the signature, capacity, or witness requirements that may apply, and a notary doesn’t determine whether the overall estate plan is legally sufficient.

How a Revocable Living Trust Works

A revocable living trust can hold property during your lifetime and provide instructions for its management if you become incapacitated and its distribution after death. A successor trustee takes responsibility when the trust terms require a transition, including after death or incapacity.

You can use a separate or joint trust. Many married couples form a joint trust, while an individual trust may be more appropriate depending on ownership, family structure, and planning goals. We can assist with either arrangement.

A trust may help keep properly funded assets outside probate, but probate avoidance isn’t automatic. The relevant property generally must be transferred to the trust or otherwise connected to the plan. Trust funding is the process of changing ownership records or beneficiary arrangements as appropriate so the trust can operate as intended.

Steps to Establish a Living Trust in California:

• Decide whether to make a joint or individual trust.
• Identify the property to include in the trust.
• Name a successor trustee who can oversee the trust through trust administration.
• Draft the trust terms with legal guidance.
• Execute the trust according to the requirements that apply to the document and circumstances.
• Transfer or retitle applicable property to complete the trust funding process.

How Wills & Trusts Work Together

A will and trust can serve different functions within one California estate plan. A revocable living trust provides instructions for trust property, while a pour-over will may direct certain property left outside the trust into it after death, subject to California law and the estate’s circumstances. Property handled through the pour-over will may still require probate.

We can review these documents alongside beneficiary designations, community property considerations, and ownership records.

This review may cover:

• Real estate
• Family businesses
• Agricultural property
• Retirement accounts
• Life insurance
• Jointly owned property

Reviewing the plan is particularly important after divorce, remarriage, a birth, a death, or a substantial change in asset ownership.

Wills, Trusts & Kern County Probate Procedures

The Superior Court of California, County of Kern Probate Court handles matters involving estates, wills, trusts, and estates of minors or incapacitated people. When probate proceedings are required, filings may be reviewed under the California Probate Code, local court rules, and court policies before a hearing.

We focus on Kern County procedures and judicial preferences when a local probate issue affects an estate plan. Our Bakersfield trust and will attorneys can prepare a coordinated estate plan that reflects how you want property handled and who should act on your behalf.

To schedule a consultation, contact us online or call (661) 760-2872. Your consultation is free.