General: The California Probate Code Section 6100 through Section 8226 governs the execution of Wills and contains other provisions relating to Wills law.   This summary is not intended to be all inclusive of the law of Wills but does cover many material issues. 

Who May Make a Will:  An individual 10 or more years of age who is sound of mind may make a will.  Also, a conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580.

Property to Pass by Will

A will may dispose of the following property:

  • The testator’s separate property.
  • The one-half of the community property that belongs to the testator under Section 100. 
  • The one-half of the testator’s quasi-community property that belongs to the testator under Section 101. 

California Probate Code Section 6101

Who may receive property

A will may make a disposition of property to any person, including but not limited to any of the following:

  • An individual;
  • A corporation;
  • An unincorporated association, society, lodge, or any branch thereof;
  • A county, city, city and county, or any municipal corporation;
  • Any state, including this state;
  • The United States or any instrumentality thereof; or
  • A foreign country or a governmental entity therein.  See California Probate Code Section 6102.

Contact Our Claremont Estate Planning Lawyer Today!

Contact attorney Chris Scarcella, Esq., Certified Specialist in Trust, Estate Planning, and Probate by the State Bar of California, Board of Legal Specialization today to schedule an initial consultation.