CAS Bar Wills Trusts and Estates 1 — Questions and Answers
Question 1: What are the requirements for a valid will in California?
- The testator must be 18 or older, of sound mind, and the will must be signed by the testator and two witnesses (Correct answer)
- Only the testator's signature is required
- Notarization is required for all wills
- A will must be filed with the court during the testator's lifetime
Correct answer: The testator must be 18 or older, of sound mind, and the will must be signed by the testator and two witnesses
California Probate Code requires that the testator be at least 18, of sound mind, and that the will be signed by the testator (or at their direction) in the presence of two witnesses who also sign.
Question 2: Does California recognize holographic wills?
- Yes, if the material provisions and signature are in the testator's handwriting (Correct answer)
- No, all wills must be formally witnessed
- Only if notarized
- Only for personal property under $5,000
Correct answer: Yes, if the material provisions and signature are in the testator's handwriting
California Probate Code Section 6111 recognizes holographic wills where the signature and material provisions are in the testator's own handwriting, without requiring witnesses.
Question 3: What is California's intestacy distribution when someone dies with a surviving spouse and no children?
- The surviving spouse inherits all community property and all or a portion of separate property (Correct answer)
- The estate goes to the state
- The surviving spouse inherits nothing
- Everything goes to the deceased's parents
Correct answer: The surviving spouse inherits all community property and all or a portion of separate property
Under California intestacy, the surviving spouse receives all community and quasi-community property. For separate property with no children, the spouse receives all if there are no surviving parents or siblings.
Question 4: What is the role of a trust in California estate planning?
- A revocable living trust avoids probate, provides privacy, and allows for efficient asset management and distribution (Correct answer)
- Trusts are only for very wealthy individuals
- Trusts replace the need for any other estate planning documents
- Trusts must be filed with the court to be valid
Correct answer: A revocable living trust avoids probate, provides privacy, and allows for efficient asset management and distribution
Revocable living trusts are a primary estate planning tool in California, avoiding the expensive and time-consuming probate process while providing privacy and flexibility in asset management.
Question 5: What is California's small estate affidavit procedure?
- Estates valued under $184,500 in personal property can be transferred without probate using an affidavit (Correct answer)
- All estates require full probate
- Small estate procedures apply only to real property
- The threshold is $10,000
Correct answer: Estates valued under $184,500 in personal property can be transferred without probate using an affidavit
California Probate Code Section 13100 allows heirs to collect personal property from estates valued at $184,500 or less using a simple affidavit, avoiding the full probate process.
Question 6: What is the No Contest Clause (in terrorem clause) in California wills and trusts?
- A provision that penalizes beneficiaries who contest the document by reducing or eliminating their inheritance, enforceable only for contests without probable cause (Correct answer)
- It prevents anyone from ever challenging the will
- No contest clauses are not recognized in California
- It automatically disinherits all family members
Correct answer: A provision that penalizes beneficiaries who contest the document by reducing or eliminating their inheritance, enforceable only for contests without probable cause
California enforces no contest clauses but only against contests filed without probable cause. Under Probate Code Section 21311, a contest based on probable cause will not trigger forfeiture.
CAS Bar Wills Trusts and Estates 1
What are the requirements for a valid will in California?