Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Browse our 1 legal question about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
Hello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession
Read full answerA will - often called a last will and testament - is a legal document that explains how you want your property and affairs handled after you die. In Corona, which is in Riverside County, California, wills are governed by California state law and administered through the local probate system. A valid will can name an executor to manage your estate, distribute assets to beneficiaries, and nominate guardians for minor children. Wills are one part of a broader estate plan that may also include trusts, powers of attorney, and advance health-care directives.
Many people can use written guides or standard forms, but some situations benefit from a lawyer's expertise. You may need a lawyer if your estate is complex, if you own a business, if you hold property in multiple states, or if you have significant assets that raise tax or creditor issues. A lawyer is also important when family situations are complicated - for example, blended families, potential heirs with special needs, or if someone might contest the will. Lawyers can draft clear documents that reduce the risk of disputes, advise on strategies to avoid or simplify probate, represent clients during probate or will contests, and prepare related documents such as trusts and powers of attorney.
Wills in Corona follow California Probate Code rules. To be valid under California law, a will generally needs to be in writing, signed by the testator, and witnessed by at least two competent adults - unless it is a handwritten, holographic will that meets specific requirements. California recognizes holographic wills if the signature and material provisions are in the testator's handwriting. California also allows a will to include a self-proving affidavit - a notarized statement signed by the testator and witnesses - which can make probate simpler because court testimony by the witnesses is not required later.
California is a community property state. That means property acquired during marriage is generally community property and can affect how assets pass at death. Spousal protections under California law can limit the ability to completely disinherit a spouse unless proper legal steps are taken. If someone dies without a valid will - intestacy - California's intestate succession rules determine who inherits, which often includes the surviving spouse, children, parents, or other relatives.
Probate is the court-supervised process for proving a will, appointing the executor or administrator, paying debts and taxes, and distributing assets. Riverside County Superior Court handles probate matters for Corona residents, and the court has local procedures and filing requirements. California also offers simplified or small estate procedures that may allow heirs to collect assets without full probate if the estate falls below statutory thresholds or if only certain types of property are involved. Will contests and challenges are permitted, but there are time limits and specific legal standards - typical grounds include lack of capacity, undue influence, fraud, or improper execution.
Under California law, a valid will is normally in writing, signed by the person making the will, and witnessed by at least two adults who sign in the testator's presence. Handwritten holographic wills are valid if the signature and material terms are in the testator's handwriting. A self-proving affidavit - signed and notarized with the witnesses - can simplify probate. The testator must have legal capacity and must not be acting under undue influence.
Yes, you can write your own will in California, and many people do so using forms or online tools. Simple estates with straightforward distributions often do not require a lawyer. However, if your situation is complex - for example, you have a business, own property in multiple states, have substantial assets, blended-family concerns, or tax planning needs - it is wise to consult an attorney to reduce mistakes and avoid later disputes.
California generally requires two competent adults to witness a will. Witnesses should be capable of understanding what they are witnessing. Some witnesses should not be beneficiaries if you want to avoid potential challenges - a beneficiary who signs as a witness may face issues with their inheritance in some situations. Using disinterested witnesses - people who are not beneficiaries - reduces the risk of complications.
A holographic will is a will written entirely in the testator's handwriting and signed by them. California recognizes holographic wills if the signature and material provisions are in the testator's handwriting. Because holographic wills lack formal witnesses, they can be more vulnerable to dispute, so careful drafting and evidence of intent are important.
If you die without a valid will - intestate - California's intestacy laws determine who inherits your property. Generally, assets pass to the surviving spouse and children first, then to other relatives if there is no spouse or children. Dying intestate can result in distributions you might not have wanted, and it can create added costs, delays, and family conflict. Creating a will or other estate planning documents lets you control distribution and name trusted people to act for you.
California law provides protections for surviving spouses. In most cases you cannot completely disinherit a spouse without careful legal planning. Community property rules and statutory rights can give a surviving spouse a claim to a share of the estate. If you intend to disinherit a spouse or limit their share, consult a knowledgeable estate lawyer to ensure your plan complies with California law.
You can change a will by executing a valid codicil - a legal amendment - or by creating a new will that expressly revokes prior wills. You can also revoke a will by physically destroying it with the intent to revoke, such as tearing it up or burning it. Because revocations can cause disputes, it is best to consult an attorney to ensure changes are executed properly and to keep your estate plan consistent.
Not all estates require full probate. Probate depends on the value and type of assets, how assets are titled, and whether there are beneficiary designations or trusts in place. Assets held in revocable living trusts, jointly held property with rights of survivorship, and accounts with designated beneficiaries can often avoid probate. California also offers simplified procedures for small estates. An attorney can help determine whether probate is likely and advise on ways to minimize or avoid it.
Probate timelines and costs vary widely depending on estate complexity, creditor claims, tax issues, and whether anyone contests the will. Simple probates can take a few months, while contested or complex estates may take a year or more. Costs include court fees, possible executor or attorney fees, appraisal fees, and other administration expenses. California has statutory fee schedules for certain executor and attorney fees, but actual costs depend on the estate and local practice.
You should strongly consider hiring a lawyer if your estate is large or complex, if you own a business, if you have out-of-state property, if your family situation is complicated, or if you are concerned about estate or income tax implications. Also consult a lawyer if you anticipate disputes or if you need assistance administering an estate after a loved one dies. For simple situations, an initial consultation can help you decide whether legal help is necessary.
Riverside County Superior Court - Probate Division handles probate filings and local procedures. The Riverside County Law Library provides legal research materials and forms. The State Bar of California offers information on finding a licensed attorney and resources about fees and ethics. Local bar associations, such as the Riverside County Bar Association, can provide lawyer referral services. Legal aid organizations and clinics, including local non-profit legal services, may offer assistance to low-income residents. California Courts self-help resources and the probate forms published by the state judiciary provide standard forms and procedural guidance. Keep in mind that court clerks can describe filing procedures but cannot give legal advice.
Start by taking an inventory of your assets - bank accounts, investments, real estate, business interests, retirement accounts, life insurance, and personal property. Gather important documents - deeds, account statements, titles, beneficiary designations, and prior estate planning documents. Decide who you want to name as executor and as guardians for minor children. Consider whether a simple will is enough or whether a trust would better meet your goals.
If you choose to consult a lawyer, prepare for the first meeting by bringing identification, a list of assets and debts, names and contact information for beneficiaries and potential executors, and any existing estate planning documents. Ask about the attorney's experience with probate and estate planning in Riverside County, fee structure, and whether they offer a written engagement letter. After preparing your documents, store the signed will safely - for example, with a trusted attorney, a safe deposit box, or a secure home location - and tell the executor where to find it.
Review and update your estate plan after major life events - marriage, divorce, birth or adoption of children, acquiring or selling significant assets, a move to another state, or significant changes in your family relationships. Periodic review - at least every few years - helps ensure your plan still reflects your wishes and complies with current law.
Disclaimer - This guide provides general information about wills and related procedures in Corona and Riverside County, California. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed attorney in your area.
