Create Your Own Will for Free!

  • Who Can Create a Will? - In California, a person can create a Will if he or she is:
    • eighteen years or older;
    • of sound mind;
    • understands the nature and extent of his or her property; and
    • understands the objects of his or her affection.

Any person that qualifies can create a Will in minutes!

  • What Does a Will Do? - Among other things, a Will can:
    • direct to whom your probate-able* property will be given to at your death!
    • revoke prior Wills
    • decide who manages the collection and distribution of your property at death (called an Executor), and whether they should be bonded/insured while managing your property

* probate-able assets are those assets that are NOT held in Joint Tenancy, do NOT have beneficiaries designation, and are NOT held in Trust. A Will only directs where your probate-able assets distribute!

Let's Get Started! See Directions On The Next Panel!

 

Directions to Create a Will

WARNING: The following directions will guide you through the process to create a handwritten Will that is valid in California. The Will MUST be entirely in the handwriting of the person that is executing the Will (i.e. the "Testator," the one whose property will be distributed by the Will at his or her death). Use Pen, not Pencil. Write Clearly. Print your own information on the lines provided in the Will that you create. See the examples provided before creating your Will.

Remember, this type of Will MUST be entirely in the handwriting of the Testator!

Let's get started:

  1. Take a sheet of blank paper and hand write across the top-center the following title: "Last Will and Testament of ______________".
  2. On the first line of your Will, write "My name is _____________. I declare that I am of sound mind, and that I am at least eighteen years of age."
  3. On the second line of your Will, write "I currently reside in the City of ______, County of ______."
  4. On the third line of your Will, state whether you are married, and to whom, and also list your closest set of relatives.
  5. On the fourth line of your Will, write "I hereby revoke all prior Wills."
  6. On the fifth line of your Will you will designate your Executor. This is the person who will handle your Estate at your death, and whether they should be bonded. You may also choose alternate Executors and decide whether they should be bonded.
  7. On the sixth line of your Will you will direct who receives your property at your death.
  8. You will then sign and date your Will. Sign your Will the way that you ordinarily sign. Print your name below your signed name.

Review The Next Panel for Sample Wills.

 

Sample of a Complete Handwritten Will

As an example, a man named Jerry Springer wants to make a Will, and he:

  • lives in Hollywood, California;
  • wants to give all of his probate-able property (since that is the only property that Wills affect) to his son and daughter, David Springer and Helen Hunt, to be split 50/50; and
  • wants to make his friend, Ricki Lake, Executor of his Will, and does not want her to have to be bonded/insured.

The following mock Will would correctly carry out Jerry Springer's wishes:

Fake Will

Remember: It Must Be Entirely In the Handwriting of the Person Signing the Will! Bear in mind that the above Will contains some words that are not entirely necessary, but instead are just really good ideas!

 

Sample of a Minimal, Handwritten Will (NOT RECOMMENDED)

See this fictional (and possibly valid) Will of "Betty Williams":

Notation Will

I have routinely seen Wills written similarly to this fictional "Betty Williams" Will be allowed as a valid Will in the Probate Courts, however I would never advise that anybody create a Will such as this!

Although a Will written like this will most likely work, there is always room for the Probate Court to be dissatisfied with the Will, stating that it is not clear:

  • who is the creator of the Will
  • that this is meant to be a gift being made at death
  • that the creator of the Will had mental capacity at the time of signing

Some Courts may not admit a Will based on these or other factors!

 

Additional Services

Do you want to discuss your Will with an Attorney? Do you have additional questions or concerns? Consult with Attorney Eric Jeter for $100.00 per half hour. If the call takes less than a half-hour, Eric will prorate and return the remainder of your fee! (minimum charge for call is $20.00)

Want an Attorney-drafted Will? Wills start at $100.00, depending upon complexity.

Do you want a Trust so that you can avoid Probate, avoid Estate Taxes, and assert greater control over your assets? Attorney-drafted Trusts are offered as low as $700.00, but will save thousands, or even millions, on Court costs or taxes!

Make a Consultation with Attorney Eric Jeter and he will quote you a price for your Will or Trust, and he will credit you $50.00 towards the creation of your document!

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