Who can execute a will? Who should execute a will? How does one execute a will in California? These are all pertinent questions having to do with a crucial component of most peoples’ estate planning processes. Those wanting to protect their assets can do through carefully written wills.

Basically, in this state, if a person is of sound mind and is age 18 or beyond, that person may execute a final will and testament. In some states, a person wishing to execute a will need not even put anything in writing. This is because such states recognize wills set forth orally. It is important for anyone preparing to enter an estate planning process in California to understand that this state does not acknowledge oral wills.

The phrase “of sound mind” is rather subjective. Therefore, the state provides general guidelines to help determine whether any aspect of a person’s mental condition might prevent eligibility in this regard. Things that might render a person unsound include an inability to understand the nature of his or her own actions or any condition that causes delusion or hallucination.

Seeing as the only way to ensure that one’s wishes and instructions will be carried out according to one’s own preferences after death is to execute a will, California residents may want to learn as much as they can about estate planning regulations to help them protect their interests. If a person dies with no will in place, the state will determine how property and assets should be divided. An experienced probate and estate administration attorney can assist anyone with questions regarding this topic.

Source: FindLaw, “California Wills Laws“, Accessed on April 4, 2017