Resources

Will Package FAQs

Resources

Start your Living Trust Package now!

CalDocs has made this process fast, easy and inexpensive. Why spend 10x as much?

Get Started

Our Will Package is designed to be a basic estate planning solution for California families that qualify. We are not the right fit for everyone, as we do not prepare documents for people with complicated tax or estate issues. Our Will Packages are designed for California residents that do not own any real property and do not own assets worth more than $100,000 (based on gross value). Please take about 90 seconds and visit our Will Package qualification page to determine whether our product is right for you.

For families that qualify, the CalDocs Will Packages is a great solution at a fraction of the traditional price. The Will Package is designed to:

  • Tell the probate court and your heirs how your property should be distributed
  • Provide a private alternative to conservatorship proceedings
  • Allow you to specify guardianship provisions for your minor children.
With our Will Package, we have assembled a core set of estate planning documents to be executed together to accomplish these goals: These documents are designed to work together as a comprehensive package and should be executed together. We do not provide the documents on an individual basis since they will not work as they are intended.

If you want to continue, proceed to our qualification page to see if a Living Trust Package is right for you. After that:

  1. Answer the Online Questionnaire and checkout (approximately 20-30 minutes)
  2. We will email an Adobe PDF file of the documents and instructions to you within one business day. For an additional $12.95, we will print out the documents for you, organize the documents for signing (by attaching sticky-flags to indicate where the documents need to be signed, notarized etc.) and ship them to you by USPS Priority Mail.
  3. After you receive your documents, you will need to check them for accuracy, and sign, date and notarize them. The Wills have to be witnessed by friends or neighbors (they cannot be witnessed by anyone related by blood or marriage).

Please keep in mind that the Will Package will not avoid a probate proceeding. For more information on avoiding probate with a living trust, please vist our Living Trust Package FAQs.

Click on one of the FAQ's below to see the answer. Show all answers

  • The price seems really low, are there any hidden fees?
    No, we practice up-front pricing:
    Will Package - Married Couple$79.95
    Will Package - Single Individual$49.95
    The optional services that we offer are:
    Print & Ship Documents via Priority Mail$12.95
    Estate Planning Portfolio$59.95
  • Does the Will Package avoid probate?

    No - The Will Package is not designed to avoid probate. The package is only designed to tell the court how to distribute your assets to your heirs and to help you avoid a conservatorship proceeding if you become incapacitated.

    If you have less than $100k in assets (based on gross value) you may be able to avoid probate court and transfer your assets using small estate procedures such a Probate Code 13100 Declarations. However, if you die owning real property or other property worth $100K or more, your estate will be subject to a probate proceeding.

    If you want to save your family the hassle and expense that goes with a probate, you may wish to consider a Living Trust Package. Click here to start a Living Trust Package.

  • Why do I want to avoid a probate proceeding?
    A probate proceeding is costly and time consuming for your heirs. Probate fees for attorneys and personal representatives are set forth in California Probate Code Section 10800 and 10810. The fee schedules for each are summarized as follows:
    • 4% of the first 100K
    • 3% of the next 100K
    • 2% of the next 100k
    • 1% of the next 700k

    For Example:
    A California resident that dies owning a $500k home with a $400k mortgage (without a living trust), will be subject to $26,000 in probate fees ($13k to an attorney and $13k to a personal representative). After the home is sold and all expenses are paid, all the heirs can hope to receive is the remaining $74k in equity. In this case, attorneys and administrators would take more than a quarter of the inheritance.

    You can avoid the time and expense of a probate with a CalDocs Living Trust Package.

    Assets held in your living trust are not subject to probate since a living trust cannot die. However, the death of the owner of a living trust will trigger provisions in the living trust to administer the estate properly, privately and without a probate court proceeding.

    For decedents with less than $100,000 in assets (based on gross value), heirs can utilize the small estate transfer procedure.

  • How do I specify my health decisions regarding life support, disposition of remains, organ donation, etc.?
    You will specify these decisions in the Advanced Health Care Directive when you sign your documents. In particular, you will place your initials on the lines that reflect your individual preferences. This document allows you to specify your healthcare wishes to avoid a "Terri Schiavo" scenario involving a prolonged legal battle over life-support.
  • We plan on having more children, should we wait to do a will?
    The Will that we offer for individuals and married couples with children provides that everything will be divided into equal shares, by right of representation. The documents and California law automatically include children that are born to or adopted by a parent after the Will is signed.
  • Do we need to nominate guardians for our minor children? Won't our childrens' godparents take custody of them?
    A "Godparent" is not a legally enforceable relationship that bears any rights under the law. The general rule is that the court will determine guardianship in the best interest of the child. In the case where a child is orphaned and no guardianship provisions are specified by the parents, the next-of-kin will, in general, have the highest priority. All of our packages include free guardianship provisions for minor children, which are specified in each individual's Will.
  • Great site, great service! Do you offer corporate documents, LLC's or any other documents?
    Sorry, we only prepare estate planning documents. You might try LegalZoom.com™ or one of the lawyers on our referral list if you need documents that we don't offer.