Legal Question in Wills and Trusts in California

Probating a will can be expensive. I really suggest you speak to an estate planning attorney as soon as possible, as this can get real messy.

A will will not prevent probate; whether a probate is necessary depends on several factors including the value of the estate at the time of death and how title to property of the estate is held, among others. If a will is properly prepared it should be kept in a safe place until the death. After the death it is filed with the Superior Court in the County where the decedent resided at the time of death (it is important to file it in the correct Courthouse as many California Counties have moe than one Courthouse). You should probably take Mr. Roach's advise and consult with a local attorney.

I would speak to a lawyer who can help you prepare the documents you need.

The strategy that is best for you (will, living trust, powers of attorney, etc.) will depend on a number of things besides the value of your assets. For instance, the strategy will depend on whether the assets are separate property or community property, and the desires of you and your husband as to how your assets should be distributed. You also will be planning not just for your husband, but for yourself as well. The goal is to execute your wishes, without spending lots of time and money on probate if that is at all possible.

In terms of the documents, there is nothing to file with any government agency after the documents are signed. The documents are usually kept in a safe place. I recommend to my clients that they inform a trusted person (often the children) where these documents are kept, so that they can be found if something happens to both of you. Of course, these documents should be kept in a place where they can be easily accessed at the appropriate time.

Best of luck to you.