Managing Personalized Wills for Southern California Residents and Their Loved Ones

Many people are familiar with the concept of a last will and testament. Countless movies, books, and television series have created dramatic tension around the idea of a will reading. However, many people have never actually attended a reading of a will themselves. This is because, in recent years, the number of Americans with wills has steadily declined. As of 2021, less than half of all Americans had wills. Recent surveys indicate that as of 2025, only about one-third of all Americans have a last will and testament in place. Depending on the circumstances, this can be potentially disastrous for a person’s family and loved ones.

A person who passes away without a will is said to have “died intestate.” Dying intestate creates a complex legal situation for both the family of the deceased and the State of California. Depending on the complexity of a person’s estate, any debt they may have left behind, and other factors, dying intestate can mean subjecting their family to months and potentially years of courtroom battles. This is why everyone in California needs to have a will in place, regardless of their age, health, or financial circumstances. Our experienced and compassionate attorneys can help you draft a simple yet effective document that ensures those who matter most are cared for when it truly matters.

What is a Will?

A will is a relatively simple document. The person who writes a will is called a “testator,” since a will is regarded as a person’s “last testament.” A testator can use a will to express their wishes regarding several key factors related to passing on.

A will can include, but is not necessarily limited to:

• Naming an Executor
• Listing Key Assets for Inheritance
• Naming Inheritors of those Assets
• Funeral Plans
• Assigning Custody of Minor Children or Disabled Adults

An executor is the individual who will be responsible for discharging your estate by carrying out the instructions you have left behind. An executor should be a trusted family member or friend whom you can rely on during a challenging time. The executor will be responsible not only for distributing assets to your intended heirs but also for managing any potential final business, such as notifying creditors and paying off debts.

Wills are also used to inform your loved ones of your funeral wishes. In many cases, individuals who have pre-planned or made prior arrangements for their own funerals will include key information in their will, such as the name of an insurance policy to cover expenses or the name of a trusted clergy person or funeral director. Wills are also used to assign custody of minor children or guardianship of disabled adults.

Do I Need a Will?

Wills are vital documents for every person. Many people believe they do not need a will because they “aren’t worth much.” Other people who only have one close living relative may neglect to draft a will because they believe this person will “simply inherit everything” after they’re gone. Neither of these is necessarily true.

If a person dies without a will, they are said to have “died intestate.” If a person dies intestate, the laws of the state of California will determine how their estate will be distributed. This intervention is called probate.

While every person’s estate must go through probate, the process is much simpler if there is a will in place. When someone with a will passes away, probate is usually limited to verifying that the will is legitimate and certifying the named executor. Probate for someone who died intestate is more complex and challenging. This is why everyone needs to consult an experienced will attorney.

What is Probate?

Probate is a legal process that ensures a person’s estate is handled in accordance with California law. If someone dies intestate, a judge must appoint an executor. This requires a hearing during which any parties with a claim to the deceased’s estate may petition to be named executor. Potential applicants may not only include family and friends, but also other individuals with potential claims to the deceased. For example, if a business owner dies intestate, one of their partners may apply to be the executor.

Once an executor has been named, they must inventory the deceased’s assets and determine a value for the estate. Executors must also notify any creditors so they may attempt to settle outstanding debts. Some people believe their debts are “wiped out” when they die. This is not true. Certain financial responsibilities, such as unpaid taxes or money owed due to a lawsuit, remain in place after a person dies. Part of the duties of an executor for someone who died intestate is identifying and paying creditors. Depending on the size or number of debts someone left behind, this can be a time-consuming process. It is not unheard of for probate to last months or even years.

Do I Need an Attorney to Draft a Will?

As long as a person is over eighteen and of sound mind, anyone can draft a will under California law. However, it is usually advisable to work with an attorney. The primary reason for this is to ensure that someone will find your will. It is not uncommon for people to draft wills, but then neglect to tell anyone there is a will in place or where to find it. If you have written a will, but no one can find it, it is effectively the same as dying intestate.

There have been numerous cases of powerful businesspeople, celebrities, and politicians who have died with “missing wills,” resulting in many complex legal complications. In most cases, people rely on their attorneys to maintain their wills and notify the courts when they pass away. This allows an attorney to begin handling the legal complexities of a will while family and friends focus on more important matters.

Having a will attorney in Kern County also ensures that the contents of the document comply with California law. Some individuals without any legal experience may attempt to draft wills that technically violate the law or neglect to address key concerns. An experienced will attorney can ensure that your will is both valid and readily identifiable at the appropriate time.

How Can I Write a Will?

Writing a will is one of the simplest yet most effective things a person can do for their loved ones. A will eases the transition during a difficult time and provides those closest to you with a roadmap for moving forward. Everyone needs to have a will in place, and it’s never too soon to start planning for the future. If you or a loved one wishes to draft a last will and testament, don’t hesitate to contact the Law Offices of Robert H. Brumfield, P.C.

Robert H. Brumfield has years of experience in drafting wills and approaches every client with compassion, care, and thoughtfulness. He’ll help you and your loved ones draft a document that ensures everyone who matters is taken care of. He and his diligent staff understand writing a will can be intimidating, and work to make the process as positive and stress-free as possible. Don’t potentially leave your loved ones in a difficult place. If you need to draft a will in Kern County or the surrounding California area, don’t hesitate to contact Robert H. Brumfield, P.C., at 661-384-6940 to schedule your free consultation.