
Orange County Wills Lawyer: Get Your Will Signed Correctly the First Time
A will only helps your family if it holds up on the day they need it. A witness who was not in the room, a vague instruction, or an original nobody can find can leave your wishes open to a challenge. When that happens, your family follows the state’s default rules instead of your instructions.
Kevin Rice has been licensed in California since 1994, and as an Orange County wills lawyer he writes wills that name who inherits, who raises your children, and who carries out your plan, so your family never has to guess. Tell us who you want to protect and what you own, and we will show you what your will needs to say before you sign anything.
We draft new wills and review existing ones for these situations:
If your property is large enough that a living trust makes more sense, we will tell you so and build the will and trust to work together.
California requires a will to be in writing, signed by you, and signed by two witnesses who were in the room together and saw you sign or heard you confirm your signature. Both witnesses must also understand the document is your will (Calif. Prob. Code § 6110). A mistake here can start a family dispute.
A dispute can take months and cost money that should have gone to your family. If the will fails, your property passes under the state’s default order, which starts with a spouse and children and moves outward to parents, siblings, and cousins. Stepchildren, close friends, and charities usually receive nothing. We walk you through each signing step so these problems are less likely to reach your family.
Whoever holds the original will has 30 days after learning of the death to deliver it to the superior court clerk in the county where the estate plan will be handled (Calif. Prob. Code § 8200). A person who misses that deadline can owe money to anyone harmed by the delay.
That puts real weight on one question: does your family know where the original is? We help you pick a safe spot, name an executor who knows what to do first, and write a will that points them to the right next step. A will does not avoid probate on its own, so for larger estates we compare a will-only plan against a living trust and walk you through the cost of each.
We meet clients at our Huntington Beach office at 18377 Beach Blvd., Suite 212, and serve families across the county.
We ask about your family, your property, and who you want as executor and guardian. You leave knowing what your will should say and whether part of your plan belongs in a trust. Bring a list of your major assets and the full names of the people you want to include.
No. A will is the document the probate court follows, so a will alone does not avoid probate in Orange County. Larger estates still go through it unless assets sit in a living trust or pass by beneficiary designation. We tell you which route fits your family.
Probate hearings take place in the county where you lived at death. For Orange County, that is the Costa Mesa Justice Complex, 3390 Harbor Blvd., Costa Mesa.
No law requires one, and California allows a handwritten will in some cases. Mistakes in signing, witnesses, or wording are a common reason wills fail, and they usually surface after you can no longer fix them. Therefore, it often makes sense to consult a lawyer before executing a will.
In most cases, yes. A pour-over will catches any asset left outside your trust and lets you name guardians for minor children, which a trust cannot do.
Yes, at any time while you are of sound mind. You can sign a new will that replaces the old one or add a short amendment called a codicil. For anything beyond a minor change, we recommend a new will so the pieces never contradict each other.
Choose two adults who will not inherit anything under it. A witness who is also a beneficiary can raise doubts about whether a gift was freely made. We tell you who should and should not sign before the signing meeting.
Pick someone organized, honest, and willing to do the work, and name a backup. The executor collects assets, pays debts, and carries out your instructions, so a person who lives nearby and gets along with your family usually works best.
Do not throw it away or keep it, even if you think it is out of date. Within 30 days of learning about the death, deliver the original to the superior court clerk and give a copy to the named executor. Contact us if you need help with the next step.
That depends on how many people and assets your will covers. Your first consultation is free, and we explain our pricing before you decide anything.
Yes. Each spouse needs their own will because each one names their own executor and backup beneficiaries. The two wills often look alike, but they do not have to.
Fill out our contact form and tell us about your family and what you own. We will review what you have, point out what is missing, and lay out the steps to get your will signed correctly. Kevin Rice can help you put it in writing while every decision is still yours to make.
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