FAQ & Resources

If a person’s lost will cannot be located, they will be considered to have died intestate. In such cases, intestate laws determine how their estate is divided. This means that the hierarchy of distribution of estate assets will be determined by the local estate laws rather than the division scheme that may have been present in the lost will. If you have a copy of the will but not the original, you can present it to the court. You’ll need to prove that it was not revoked, and the will’s witnesses and others may need to testify. If there is no copy, the standard of proof will be even higher. Keep in mind that a lost will can significantly impact the distribution of a deceased person’s estate. If you need further assistance, consider consulting an attorney to explore your options.

1. Added Security and Preservation: Registering your will provides an extra layer of security. It ensures that the original copy remains intact and accessible when needed.
2. Quick and Easy Location: Loved ones can easily find the registered will after your passing, streamlining the process of estate settlement.
3. Reducing the Risk of Challenges: Registering your will helps minimize challenges to its validity, as it becomes an official legal document.
4. Confidentiality: Registering your will does not make its contents public; it remains confidential.
5. A registered will is easier to locate and cannot be changed by anyone other than the author.

1. Asset Distribution:
-A will allows you to specify how your assets (such as property, money, and possessions) should be distributed after your passing.
-Without a will, state laws determine the distribution, which may not align with your wishes.
2. Guardianship for Minor Children:
-If you have young children, a will lets you designate a guardian to care for them in case both parents pass away.
-This ensures your children are cared for by someone you trust.
3. Executor Appointment:
-You can name an executor (a trusted person) in your will to handle your affairs, pay debts, and distribute assets.
- The executor ensures your wishes are carried out.
4. Avoiding Intestacy Laws:
-Without a will, your estate may be subject to intestacy laws, which can be complex and vary by state.
-A will helps avoid legal complications and ensures your intentions are clear.
5. Minimizing Family Disputes:
-A well-drafted will reduces the likelihood of family conflicts over inheritance.
-Clear instructions prevent misunderstandings and disputes.
6. Charitable Bequests:
-You can use your will to leave gifts to charitable organizations or causes you care about.
-It’s a way to leave a positive impact beyond your lifetime.

Bottom line
For many people, the most important document in their estate plan is their last will and testament. This document will give you a say in how an executor should handle your assets upon your death. Without a will, your estate will be subject to state-created intestacy laws, which don’t take into account your preferences. You also won’t be able to make specific arrangements for your spouse, children, pets, or anyone else you care for without a will.

IT VARIES FROM STATE TO STATE
If you pass away without a will in California, the distribution of your estate follows the state’s intestate succession laws. Here’s how it typically works:

Unmarried Individuals:
If you were not married but had adopted or biological children, they equally inherit all assets.
If there are no children but your parents are alive, they inherit all assets.
If there are no surviving parents, your siblings inherit all assets equally.
If there are no siblings, the inheritance order is: grandparents, then aunts or uncles, and finally cousins.
Married Individuals or Registered Domestic Partners:
Community Property: Assets acquired during marriage (excluding inheritances or gifts) are considered community property. Both spouses or partners have an equal interest. Upon one spouse’s death, their 50% share automatically passes to the surviving spouse without probate.
Separate Property: Property acquired before marriage or received through inheritance or gifts during marriage falls under separate property. If there’s no will, the surviving spouse inherits 50% of the separate property, while the remaining 50% goes to children, parents, siblings, or other relatives according to California’s intestate succession law12.

While creating a video to express your wishes might seem appealing, it’s not a legally valid way to create a will. Here’s why:
1. Legal Requirements for a Valid Will:
- A will must be in writing and signed.
-In most states, it must also be dated and signed by two witnesses who watched you sign it.
- A video recording alone won’t suffice as a legally enforceable will1.
2. Usefulness of Video Recordings:
-Although not legally binding, a video can be useful:
-As evidence that you knew what you were doing when you signed the will.
- To explain your decisions and provide solace to loved ones.
-To discourage challenges to your will after your passing.
For a valid will, consider traditional written methods or explore electronic wills where allowed.