What is a Will?

A will (also called a testament) is a person’s legal proclamation regarding issues such as who will manage his or her estate at death or who his or her heirs or beneficiaries would be or even who would care for his or her minor children if the surviving spouse is dies or is unfit to do so. In the absence of a will or some other legal instrument with the same function, the court will decide how property will be transferred based on the laws of inheritance. Usually, it goes to the deceased’s surviving spouse, children, or closest relatives. If none of them exist, then the property would go to the state.
Generally, for it to be valid, along with following certain formalities, it must be signed in the presence of at least two witnesses, who are not beneficiaries in the will.  In California, wills do not have to be filed in any government agency until after death when they must be lodged with the court. Just be certain that your executor, or the person who will be managing your affairs at death knows where it is.
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