What You Should Know About Wills for National Make-A-Will Month

Each August, National Make‑A‑Will Month serves as an important reminder of how essential it is to have a valid, thoughtfully prepared will in place. A well‑crafted will ensures your wishes are honored, your loved ones are protected, and the administration of your estate is as smooth as possible. At Harrington Law P.C., we help individuals and families throughout the San Francisco Bay Area create wills and comprehensive estate plans that provide clarity and peace of mind.

Below, you’ll find a clear breakdown of what a will does, common misconceptions, when you should update your documents, and how our team can guide you through every step of the process.

Why Having a Will Matters

A will is the legal document that outlines how you want your assets distributed after you pass away. Without one, California’s intestacy laws determine who receives your estate—and the result may not align with your wishes. A will allows you to maintain control, ensure your loved ones are cared for, and prevent unnecessary complications.

For families in the Bay Area and North Bay, where property values and financial considerations can be substantial, having clear instructions is especially important. A carefully drafted will can help minimize confusion, reduce disputes, and guide your executor through a difficult time with confidence.

What a Will Can—and Cannot—Do

A will is a powerful tool, but it has limitations. Understanding what it covers can help you determine whether additional estate planning tools, such as a trust, may also be appropriate.

• A will CAN: Name beneficiaries, appoint guardians for minor children, designate an executor, and outline your wishes for personal property.
• A will CANNOT: Avoid probate, control assets held in a trust, dictate how jointly owned property passes, or manage certain accounts with beneficiary designations.

Because a will alone does not avoid probate, many families choose to pair it with a trust for more comprehensive protection. As a Bay Area estate attorney, our firm often helps clients understand the relationship between wills, trust administration, and probate law so they can make informed decisions.

Common Misconceptions About Wills

Many people delay creating a will because of misunderstandings about the process. Here are a few myths we frequently address:

• “I don’t have enough assets for a will.” Even with modest assets, a will ensures your wishes are clearly documented and your loved ones are protected.
• “Everything will automatically go to my spouse or children.” Without a will, California law—not your personal preferences—dictates who inherits.
• “I can write something informal and it will hold up.” California has strict requirements for valid wills. An improperly executed document may be challenged or disregarded entirely.
• “I’m too young to need a will.” Life is unpredictable. Anyone over 18 can benefit from documenting their wishes.

Signs It’s Time to Update Your Will

Even if you already have a will, National Make‑A‑Will Month is an excellent time to review it. Major life changes often require updates to ensure your plan still reflects your needs.

You should consider revisiting your will if you have:

• Welcomed a child or grandchild
• Gotten married or divorced
• Acquired new property or significant assets
• Experienced a change in your financial or business interests
• Moved to or from California
• Lost someone named in your will

Wills are not “set it and forget it” documents. Regular updates help keep your estate plan current, effective, and aligned with your goals.

How Probate Works When There Is No Will

When someone passes away without a will in California, their estate goes through probate—a court‑supervised process of gathering assets, paying debts, and distributing property. Without clear instructions from a valid will, the court determines heirs based on statutory rules.

This often leads to delays, added legal costs, and, at times, disagreements among family members. At Harrington Law P.C., our probate attorney team regularly guides families through probate administration and helps them navigate the complexities involved. By establishing a will now, you can help your beneficiaries avoid unnecessary stress later.

How Harrington Law P.C. Can Help

Our firm takes a compassionate, personalized approach to estate planning. We understand the unique needs of families across the San Francisco Bay Area, and we offer comprehensive support in creating and updating wills as part of an effective estate plan.

When working with us, you’ll benefit from our experience with:

• Estate planning: Including wills, trusts, and advanced directives
• Trust administration: Helping trustees carry out their responsibilities
• Probate administration: Guiding families through the court process
• Fiduciary services: Acting as trustees, administrators, receivers, or partition referees
• Trust litigation and will contests: Resolving disputes when conflicts arise
• Forensic accounting: Providing clarity in complex financial matters

Whether you need to create your first will, update an existing one, or understand how a will fits into your broader estate planning goals, our team is here to help you make informed decisions with confidence.

FAQ

Do all estates need a will?

Technically, no—but having a will makes the process far clearer and helps ensure your wishes are honored. Without one, the court decides how your estate is divided.

Is a handwritten will valid in California?

Handwritten (holographic) wills can be valid, but they often create confusion or disputes. A professionally prepared will greatly reduces the risk of challenges.

Can a will help avoid probate?

No. A will alone does not avoid probate in California. Many clients pair a will with a trust to streamline administration and reduce court involvement.

How often should I review my will?

We recommend reviewing your will every three to five years or after any major life change, such as marriage, divorce, or the purchase of real property.

What’s the difference between a will and a trust?

A will outlines your wishes and is subject to probate, while a trust manages assets during your lifetime and can help avoid probate. Many estate plans include both.

National Make‑A‑Will Month is the perfect time to take this important step toward protecting your future. Harrington Law P.C. is here to guide you with clarity, compassion, and personalized legal support.