Legal Question in Wills and Trusts in California

I am a senior without any means.My only belonging are the furnishings in my small apartment, clothing and a vehicle. Just to avoid any messes, I would like to make out a will and name just one person as heir. Because there is no division of the property, I find it unecessary to name a separate executer. In this particular situation

is it legal to name the same sole heir also as the executor? I think the answer is probably yes, but I am not sure.


Asked on 8/27/09, 2:53 pm

1 Answer from Attorneys
Frankie Woo Fiducia Legal

It is perfectly legal to name the sole heir as executor. Since you don't have a lot of assets, your will should not have to go through probate either. Make sure that your heir will has easy access the executed will. Sometimes, an apartment manager might be reluctant to allow friends or nonrelatives go into a deceased person's apartment to gather belongings without authorization. You might also want to consider opening a safety deposit box and giving a key that that person so she can access the will document.

Also, you need to make sure that you properly executed the will with at least two witnesses. Otherwise, you will need to write the will in your own hand and sign it, which is called a holographic will.

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Answered on 8/27/09, 3:11 pm


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