Think of everything you own, including money in bank accounts, real estate, cars, boats, furniture, retirement accounts, and life insurance, and figure out which assets you will devise through your will. Some of these items, such as life insurance and retirement accounts with named beneficiaries and property placed in a trust, will not go through probate.

In California, you can create a list separate from your will to devise personal property. To give personal property this way, your will must mention a writing that directs how to give tangible personal property that is not otherwise mentioned in the will. The writing must be dated, and it either must be in your handwriting or signed by you.

You can create the list of personal property before or after you create your will, so you can update it from time to time. The list must describe the items and the beneficiaries with reasonable certainty. The total value of the list’s property cannot exceed $25,000, and no item can be worth more than $5,000. Items worth more than those amounts must be mentioned in your will.

After you choose which assets will pass through your will or list of tangible personal property, decide who will receive these assets. You can give your assets to friends, families, schools, or charities. You should consider making specific devises of any sentimental items you own to keep your loved ones from arguing about them.

Before you list a school or charity in your will, contact their planned giving department to find out what kind of gifts they will accept and how you should name them in your will.

The executor of your estate will manage your assets, make sure your debts are paid, and distribute your assets in accordance with your will. It is an important job with a lot of responsibility, so you should choose someone you trust to be executor. You also should talk to your executor and make sure they are willing to serve.

Your executor will have many responsibilities, including:

• Identifying and safeguarding your estate’s assets
• Notifying your beneficiaries and heirs about the probate process
• Notifying your creditors
• Paying your estate’s expenses and taxes
• Hiring attorneys, accountants, and other professionals to help them manage your estate

Finally, you should name one or two successor executors to serve in case your first choice dies before you or is unable or unwilling to serve.

If you have minor children, your will can designate a guardian and custodian for your children. A guardian will raise your children and make all decisions about their care. Your guardian should be willing and physically able to care for your children, and it can be helpful for your children if they have a good relationship with the guardian.

A custodian manages assets that your children receive through your will, but you should consider creating a revocable living trust and naming a trustee to manage your children’s assets. A trust gives you more control over the distribution of your assets than a will. Because they will be managing your children’s assets, a custodian or trustee should be responsible with money and trustworthy.

If you want a valid will, you must comply with the California Probate Code’s signature requirements. You should sign the will with two adults present who must also sign your will as witnesses. If you are physically unable to sign, you can direct a third person in your presence to sign your will on your behalf. Your witnesses do not need to read your will or know its contents, but you should tell them that the document is your will. Unlike many states, California does not require a notary public to sign a will.

Your witnesses should not be beneficiaries of your will. If they are beneficiaries, every devise to them is presumed to be procured by duress, menace, fraud, or undue influence. Your beneficiary witness will have to overcome this presumption in court to receive a devise through your will. If they fail to overcome the presumption, then the devise will be invalid.

Make sure your will is stored in a safe place and that your executor knows where it is. You also can tell other trusted family members or friends where your will is. Avoid using a safe deposit box. Bank rules can make it difficult for your executor or family members to access your safe deposit box after you die. If you hire an attorney, you can ask if their firm stores original wills for clients. You also can use a safe place in your home.

Review your will every three-to-five years to see if it still contains your wishes and meets your loved ones’ needs. You also should review your will if you marry, divorce, have children, or your financial status changes. If your family or financial situations change, you can ask a California estate planning attorney to review your will to see if it needs changes.