Estate Planning

Planning for the future is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. Comprehensive estate planning provides peace of mind by clearly outlining how your assets and personal decisions will be managed, both during your lifetime and after. Our estate planning services are designed to guide you through every step of the process, making it straightforward and accessible.

Last Will and Testament Preparation

A last will and testament directs how your assets will be distributed after your death and allows you to name guardians for minor children. In California, wills must comply with the Probate Code (Division 6, Sections 6100–6390), which requires the will to be in writing, signed by the testator (or by someone else at the testator’s direction and in their presence), and witnessed by at least two individuals. Holographic (handwritten) wills are also valid if the material provisions and signature are in the testator’s handwriting.

Living Wills and Advance Directives

Living wills and advance health care directives let you state your medical treatment preferences if you are unable to communicate. California Probate Code Division 4.7 (Sections 4600–4806) governs these documents, which include appointing a health care agent and specifying treatment choices. Any competent adult can create an advance directive to ensure their wishes are followed.

Powers of Attorney (Financial and Healthcare)

Powers of attorney authorize someone you trust to make financial or healthcare decisions on your behalf if you become incapacitated. Financial powers of attorney are covered by Probate Code Division 4.5 (Sections 4000–4545), while health care powers of attorney fall under Division 4.7 (Sections 4600–4806). These documents must be properly executed to be legally valid.

Small Estate Affidavits

For estates valued below the statutory threshold ($184,500 as of 2024), California Probate Code Section 13100 allows heirs to use a small estate affidavit to transfer property without formal probate. At least 40 days must have passed since the decedent’s death, and the affidavit must be signed under penalty of perjury.

Affidavits of Death

Affidavits of death are often required to update property titles or financial accounts after someone passes away. These affidavits are used in compliance with the Probate Code for transferring real property or other assets, often in conjunction with small estate procedures or trust administration.

Trust Document Preparation

Trusts are governed by Division 9 of the California Probate Code (Sections 15000–19403). A valid trust must be in writing, express the settlor’s intent, and identify the trustee and beneficiaries. Trusts allow you to manage and distribute assets, avoid probate, and provide for specific needs or beneficiaries.

Our estate planning services ensure that all documents are prepared in accordance with the California Probate Code, providing you with clarity, legal compliance, and peace of mind for the future.

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