A properly drafted will is a foundational estate planning document that directs how assets are distributed after death and allows parents to nominate guardians for minor children. At Westlake Law Group, our estate planning attorneys assist individuals and families throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County with the preparation of legally compliant wills and guardianship nominations under California law.
Whether you need a simple will, a coordinated pour-over will as part of a trust-based plan, or formal guardian nominations for minor children, our firm provides structured planning designed to reduce disputes and help ensure enforceability.
California wills must satisfy statutory requirements. Errors in execution or unclear drafting can lead to probate delays, increased costs, and will contests.
If you need assistance preparing a will or naming guardians in Southern California, call (818) 444-2022 or contact Westlake Law Group to schedule a confidential consultation:
https://www.californiatrustattorney.com/contact-us/
What Is a Last Will and Testament?
A last will and testament is a legal document that specifies how a person's probate assets will be distributed upon death. A will also nominates an executor (personal representative) to administer the estate and may nominate guardians for minor children.
California law governing wills appears in Division 6 of the California Probate Code. The official statutes are available at:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=6.&lawCode=PROB
To be valid in California, a will generally must:
- Be in writing
- Be signed by the testator
- Be witnessed by at least two individuals
Formalities matter. Improper execution is a common basis for challenges during probate.
What a Will Can Accomplish
A properly drafted will may:
- Name an executor (personal representative)
- Direct distribution of specific assets
- Provide for alternate beneficiaries
- Create testamentary trusts for beneficiaries (including minors)
- Nominate guardians for minor children
- Coordinate with an existing revocable living trust
A will generally governs only probate assets. Many assets pass outside the will if they are held in a trust or pass by beneficiary designation.
For general information about probate in California, visit:
https://selfhelp.courts.ca.gov/probate
Pour-Over Wills and Trust Coordination
Many California estate plans use a revocable living trust to avoid probate, maintain privacy, and provide continuity during incapacity. In those plans, a pour-over will typically directs that any assets not transferred into the trust during life be “poured over” into the trust at death.
A pour-over will does not prevent probate for assets that were not titled in the trust, but it helps ensure the estate plan remains coordinated and consistent.
For trust-based estate planning information, visit:
https://www.californiatrustattorney.com/estate-planning-thousand-oaks-california/
Guardianship Nominations for Minor Children
Parents of minor children should formally nominate guardians in their wills. A guardianship nomination allows parents to identify the person they want to raise their children if both parents die or become unable to care for them.
Without a valid nomination, the court will determine guardianship based on statutory factors and competing petitions. Even when there is a nomination, the court retains authority to determine what is in the best interests of the child.
California Courts provides general guidance on guardianship procedures here:
https://selfhelp.courts.ca.gov/guardianship
A well-drafted nomination typically includes:
- Primary guardian nomination
- Alternate guardian nomination(s)
- Clear identification of the nominees and relationship to the child
- Practical coordination with the child's living and schooling circumstances
- Consistent planning across the will and any trust provisions for minors
Wills, Minor Children, and Testamentary Trusts
If minor children inherit directly, the court may need to supervise assets until adulthood. Many parents use testamentary trusts or trust-based planning to manage distributions for minors and young adults.
A trust can set rules for:
- How funds are used for health, education, and support
- When the child receives principal distributions
- Who manages the money as trustee
- Protections against misuse or poor financial decisions at age 18
For families seeking longer-term protective planning, trust-centered estate plans can reduce the need for court involvement and provide clearer fiduciary accountability.
Incapacity Planning and Guardian Coordination
Guardianship nominations are part of death planning, but parents often also need incapacity planning to cover medical and financial decision-making while they are alive.
Probate and Wills in California
A will generally must be admitted to probate before probate assets are distributed. Probate typically involves:
- Filing a petition with the Superior Court
- Appointment of an executor
- Providing notice to heirs and beneficiaries
- Inventory and appraisal of estate assets
- Payment of debts and taxes
- Court approval of final distribution
California Rules of Court and probate forms are available here:
https://courts.ca.gov/forms-rules/rules-court
Because probate is a public process, many families use trusts to reduce probate exposure, but wills remain important for guardianship nominations and as a backstop for unfunded assets.
Common Disputes Involving Wills and Guardian Nominations
Wills and related nominations can become contested based on:
- Claims of undue influence
- Claims of lack of testamentary capacity
- Improper execution or witness issues
- Ambiguous language or inconsistent provisions
- Omitted heirs or disinherited family members
- Executor misconduct or conflicts of interest
Clear drafting and proper execution reduce the likelihood of litigation. When disputes occur, Westlake Law Group represents clients in contested trust and estate matters:
https://www.californiatrustattorney.com/litigation
Dying Without a Will (Intestate Succession)
If a person dies without a valid will, California intestate succession laws control how probate assets are distributed. This distribution may not align with personal intentions, particularly for blended families and second marriages.
California Courts provides a general overview here:
https://selfhelp.courts.ca.gov/probate
When a Standalone Will May Be Appropriate
While many families benefit from trust-based planning, a standalone will may be appropriate in limited circumstances, such as:
- Simple estates with minimal probate assets
- Individuals without real property
- Temporary planning pending trust formation
- Situations where beneficiary designations and joint ownership already control most transfers
Determining the right structure depends on asset composition, family circumstances, and the client's goals for privacy and administration control.
Wills and Guardianship Representation in Ventura and Los Angeles Counties
Probate and guardianship matters are handled in the Probate Division of the California Superior Court. Westlake Law Group represents clients in:
Ventura County Superior Court - Probate Division
https://ventura.courts.ca.gov/divisions/probate
Los Angeles County Superior Court - Probate Division
https://www.lacourt.ca.gov/courthouse/mode/division/probate
Our familiarity with local court filing requirements and procedures supports efficient guidance for families preparing wills, naming guardians, and addressing probate concerns.
Representative Matters
While every case is unique, Westlake Law Group frequently assists clients with:
- Drafting simple and complex wills
- Preparing pour-over wills to coordinate with revocable living trusts
- Nominating guardians for minor children with alternates
- Creating testamentary trust provisions for minors
- Updating wills after marriage, divorce, births, or deaths in the family
- Advising executors and families regarding probate administration issues
To learn more about the firm's attorneys, visit:
https://www.californiatrustattorney.com/about/attorneys
Frequently Asked Questions
Does a will avoid probate in California?
No. A will generally must be admitted to probate to distribute probate assets unless assets pass by trust, joint ownership, or beneficiary designation.
Can I name more than one guardian?
Yes. Parents commonly nominate a primary guardian and one or more alternates in case the primary nominee is unable or unwilling to serve.
Can I change my will?
Yes. A will may be amended by codicil or replaced by a new will, as long as statutory execution requirements are satisfied.
Is a handwritten will valid in California?
California recognizes holographic wills under certain conditions, but they are more likely to create disputes and interpretation problems than professionally drafted documents.
Schedule a Confidential Consultation
Wills and guardian nominations must comply with California statutory requirements and should be coordinated with trust planning, beneficiary designations, and incapacity planning. If you need to prepare or update a will or guardianship nomination in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, contact Westlake Law Group at (818) 444-2022 or submit a consultation request here:
https://www.californiatrustattorney.com/contact-us/
Our office is located at 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.