San Jose Wills Attorney Helping Honor Your Needs And Wishes

Last updated on April 24, 2026

If you are considering a will, you may be familiar with its purpose of assigning your valuables to your chosen beneficiaries after your passing. What you may not know is that wills serve many other purposes in addition to property distribution.

The seasoned attorneys at the Law Offices of Berge & Berge in west San Jose can use the law to help you determine the full extent of your wishes after you are gone. With a master’s degree in tax law, our founding attorney, Jim Berge, (pronounced burr-ghee) is a California certified public accountant with over 25 years of experience as an estate planning specialist. He also has firsthand experience with aging parents and wants to help you legally make your wishes known to your loved ones in the event of your incapacitation or death.

Contact the Law Offices of Berge & Berge today at 669-244-3546 or through our online contact form to discuss how a properly drafted will can protect your family and reflect your wishes.

What Does A Will Do?

While a will names what will be given to whom upon your passing, it can serve a variety of other purposes as well, all of which regard your wishes.

A will may also:

• Designate an executor and/or trustee
• Name a guardian, or guardians, for your minor children
• Establish a special needs trust, often to hold an inheritance until a beneficiary has reached a certain age or for a loved one with special needs

As part of our firm’s estate planning services, our lawyers can help you draft a will which meets your needs and your wishes.

What Happens If I Die Without A Will In California?

If you pass away without a will, California intestate succession laws determine how your estate is distributed. This legal framework follows a strict order that may not reflect your personal wishes or family dynamics.

In many situations, assets pass to close relatives based on statutory priority, while unmarried partners, friends or charitable causes may receive nothing. Courts may also decide who will serve as guardian for minor children, removing that choice from your family. These outcomes can create delays, added costs and unnecessary conflict during probate.

What Are The Different Types Of Wills In California?

California recognizes several types of wills, depending on your needs. Common options include:

• Attested wills with witnesses
• Holographic handwritten wills
• Statutory simplified forms
• Pour over wills for trusts
• Joint wills for spouses
• Testamentary trust wills

A “living will” refers to health care decisions, not property. An attorney can help you choose the right option.

What Makes A Will Legally Binding In California?

For a will to be valid in California, it must meet specific legal requirements. The document must be in writing, signed by the person creating it and witnessed by two competent adults who are present at the signing. These requirements help confirm authenticity and reduce the risk of disputes during probate.

Are DIY Or Online Will Kits Valid In California?

Do-it-yourself or online will kits can be valid if they meet California legal standards, but they often fail to address real-world complexities. Common issues include unclear language, missing provisions and lack of coordination with trusts or tax planning. These gaps can create confusion or disputes later. Working with a lawyer can help you create a will that reflects your intentions and functions effectively under California law.

What Should I Include In My Will?

In your will, you may wish to include:

• A clear identification of yourself and your intent to create a will.
• Who you want to be the executor of your estate.
• Who are your beneficiaries, and which of your assets will they receive?
• Instructions for how your estate should distribute those assets to beneficiaries.
• Who do you want to be the legal guardian of your children when you pass?

These are just a few examples of what you may wish to add to your will. Your situation is unique, and what you want to put in your will won’t look exactly the same as someone else’s. If you have any questions about what to put in your will based on your specific circumstances, call us at 669-244-3546, and we can walk you through your options.

How Do I Choose An Executor For My Will?

Choosing an executor is a critical decision. It all boils down to who you trust. Are they good at managing money? Are they honest? Can they handle all your assets and the complicated emotions your beneficiaries might feel? Discussing the responsibilities with the person you are considering is often a good idea. That way, you can make sure that they can handle the role of executor and that they want it in the first place.

Can I Update My Will After I Draft It?

Yes, you can update your will after you draft it. You can do this through a legal document called a codicil, which amends the existing will, or you can draft a new will altogether. It is important to ensure that any changes comply with California state law to ensure their validity.

How Often Should I Update My Will?

You should update your will whenever significant changes in your life circumstances occur. This includes events such as marriage, divorce, the birth of a child or substantial changes in your financial situation. Reviewing your will every few years can help you make updates as life happens and changes occur.

You should consider revising your will after:

• Divorce: You probably don’t want your ex-spouse to inherit most of your assets.
• Remarriage: Updating your will can ensure children from a prior marriage still receive part of your estate.
• Birth of grandchildren: You may wish to include specific gifts for them.
• Addiction or financial issues: If an heir struggles with substance abuse or money management, you might adjust how or when they receive assets.
• Death of a beneficiary or executor: Replacement names should be added.
• Moving to a new state: Each state has its own estate laws, so revisions keep your will valid.
• Major financial changes: Inheritances, property sales or market fluctuations can alter how you want to distribute your assets.

Once you retire, review your will with an attorney about every five years to ensure all documents reflect your current wishes and circumstances. You should also periodically review and update your advance health care directive to make sure that it aligns with your current needs.

What Steps Should I Take To Prepare For My Will Drafting Consultation?

To prepare for your will drafting consultation, do the following:

• Gather information about the assets in your estate, including your home, additional real estate, bank accounts, investments, family heirlooms or other luxury items.
• Write out a list of loved ones or organizations you wish to include in your will.
• List people you would like to appoint as your estate’s executor.
• Think through the specific instructions you would like to include in your will.
• Bring any necessary estate planning documents to your attorney.

Doing all this can feel overwhelming. But don’t worry, we are here to help.

What Does The Executor Of An Estate Need To Do?

Serving as an executor can be overwhelming. You’re managing grief while handling financial and legal tasks. According to Forbes, most duties fall into four main categories.

• Notify the right people: File the will with the court, contact beneficiaries and creditors, and cancel ongoing services.
• Identify and maintain assets: Gather all assets, manage accounts, and make necessary payments to preserve the estate’s value.
• Pay expenses and debts: Cover funeral costs, repay creditors and handle taxes before distributing property.
• Distribute remaining assets: Follow the will’s instructions and liquidate property if needed.

Depending on the estate’s size, this process can take months or even years. Many executors work with attorneys to stay organized and avoid personal liability.

Can You Name A Nonresident As Your Personal Representative?

Choosing the right personal representative is crucial. This person, along with the court, ensures your will goes through probate properly.

California allows nonresidents to serve as personal representatives if they:

• Are at least 18 years old
• Are U.S. citizens
• Have no felony convictions

However, nonresident representatives usually must obtain a surety bond. Courts may require a bond to ensure the representative fulfills their duties and protects the estate. You can include a request in your will to waive the bond, but the court has full discretion to require one anyway.

Who Are The Witnesses Of Your Will?

When you sign your will, having proper witnesses is just as important as the document itself. Witnesses help confirm that you were of sound mind and met all legal requirements when the will was created. If questions arise later, their testimony can help prove the will’s validity.

In California, two witnesses must be present when you sign your will for it to be valid. Keep these rules in mind when choosing them:

• They must be adults: At least 18 years old and mentally competent.

• They should know you personally: Friends, accountants, or advisers often serve as witnesses.

• They cannot be beneficiaries: Anyone named to inherit in your will cannot also witness it.

California also allows holographic wills, which don’t require witnesses. However, these handwritten wills can be risky if not properly executed. Having qualified witnesses helps ensure your will is valid and prevents future disputes among loved ones.

What Are Some Things A California Will Can’t Do?

A will helps distribute assets, name an executor and appoint guardians, but some matters fall outside its control.

Your will cannot:

• Transfer jointly owned property: A co-owner automatically inherits it.
• Override designated beneficiaries: Retirement and insurance accounts go to the people named on them.
• Bypass probate entirely: A will still goes through California’s probate process, though it may shorten it.
• Include property held in a living trust: Trust assets are already governed separately.
• Break the law: Any illegal or invalid provisions could cause your will to be contested or rejected.

Understanding these limits helps you plan effectively and avoid confusion for your loved ones later on.