Everyone should have a will, but sometimes the sheer thought of creating one keeps individuals from doing so. Wills are designed to name all of your assets and to whom they will be given, and to protect you and your loved ones from any false claims to your assets. To create a will requires that the testator (the individual making the will)—

• Be of legal age, usually 18
• Be of sound mind, mentally competent
• Clearly state that the document is in fact the testator’s will
• Sign and date the will

How a probate attorney can help

Because this process can be overwhelming, a probate lawyer can help you prepare the materials and information you need to form a will. The information you'll need to provide your probate attorney to draft your will includes:

• The names, locations, and dates of birth of immediate family members
• The name of a guardian for surviving minor children
• A list of who should inherit specific items of property
• A plan for what should happen to property not specifically mentioned in the will
• The name of the executor responsible for carrying out the directions in the will

Types of wills

There are many different types of wills. However, not all states recognize all types of wills as valid. If you are in Northern California, it is best to make sure your will is prepared by a skilled San Francisco probate attorney. Wills accepted as legitimate under California law The most common type of will is a testamentary will. It is not necessarily the type of will you have that determines its legality in the state of California, but the way in which it is drafted. The law in California states that there are two ways of drafting a will to ensure its legal acceptance—lawyer-prepared wills and holographic or handwritten wills. Holographic or handwritten wills are those that you prepare in your own handwriting. The court accepts a handwritten will if it is:

• Legibly written
• In one’s own handwriting
• Dated and signed
• Unambiguous regarding beneficiaries and how they are to receive certain assets

Many handwritten wills have problematic language that invalidate them or misconstrue the writer’s intent. Using a wills and probate attorney helps ensure the validity and intent is carried through. Wills prepared under the guidance of a probate attorney in San Francisco have the advantage of legal guidance, so no unforeseen legal consequences arise from how the will is written.

Other types of wills

• Simple will—a will that assumes the outright distribution of assets with an uncomplicated estate
• Statutory will—a fill-in-the-blank form will
• Testamentary trust will—a will that sets up trusts for distribution of estate at death
• Pour-over will—a will that rolls property over into a trust upon death
• Oral will—a will spoken, rather than written
• Video will—a will spoken by the testator to a video camera, supplementing a written will and played at probate
• Joint will—a will made together by two people assigning property and assets to one other and stipulating asset distribution after the second party dies
• Self-proving will—a notarized will, certifying the witnesses and testator, designed to reduce delays in locating witnesses at probate
• Living will—not used for dividing up property at death, a living will states medical response preferences in cases of extreme illness or incapacity, and is also known as an advance directive or a declaration
• Deathbed will—a will often drawn up in the last hours of life and, though legally binding, is often contested

The role of San Francisco probate attorneys

Some may advise using a self-service method of creating a will, but you should know that there are inherent risks if you are not adequately prepared or skilled to perform such a task. Probate law is complex, and you must have a certain level of knowledge and skill regarding its exacting nature to avoid risks when creating a solid legal will. A knowledgeable and well-practiced San Francisco probate attorney can help you structure your will so that it works precisely as intended.

Many wrongly assume they do not need a will. To be sure, contact experienced San Francisco probate attorney Linda Ross Myers. Her no-obligation consultations are confidential. Ms. Myers has been in private practice for 16 years, representing private professional fiduciaries and individuals in the areas of guardianship, conservatorship, trust and decedent's estate administration, estate planning, and preparation of estate tax, gift tax, and fiduciary income tax returns. With offices in San Francisco and Burlingame, the Law Offices of Linda Ross Myers serves clients in the San Francisco Bay Area and throughout San Francisco County.