What is the procedure to make a legal will?

Question

I live in california and want to make a will. Are there special agencies that do it for a fee? How much is the fee in general?

Thanks

Answer 1

THIS IS NOT LEGAL ADVICE, do not rely on this for any purpose.

California recognizes two types of wills: (1) formal attested wills and (2) holographic wills.

Formal attested wills are effective if they are signed by the testator in the presence of two witnesses who understand that the testator is executing his/her will. Also, the two witnesses must be disinterested witnesses (people who do not take under the will) or there will be a presumption of undue influence.

Holographic wills are handwritten wills. So long as the material provisions of the will is written in the testator's handwriting and the testator signs the will, a court will probate the will.

Wills generally have 4 different types of devises: (1) specific devise, (2) general devise, (3) demonstrative devise, and (4) residual devise.

As to more specific information, you need to contact an attorney.

If you are doing a very simple will, the software may be sufficient as long as you do not make material modifications to the form. Any alterations to the form may deem it legally unenforceable and your property will pass by intestate succession. I would advise that you consult with an attorney.

Answer 2

You can probably google and find a form will. I would google "free last will and testament form california." You can write the will yourself and as long as you have two witnesses and a notary, you should be good to go. Almost any form can be edited to meet your needs. It is always best to have an attorney at least look your will over if not draft it for you and the charge should not be high, but you can do it yourself and have it be just as effective if you do it properly. You can probalby also use your question to google the answer for what is required to write a legal will in California.

Answer 3

Any lawyer can do a will. They can give you rates for simple wills over the phone. There are several websites that have state specific forms available for under $50. You can even pick up generic forms at several office supply stores.

Answer 4

You can scratch a legal will on a cocktail napkin, but it's best to get some help and write it up correctly. I've left a link in the source box where you can find information on what you need to do write a basic will without a lawyer.