Estate Planning Basics Every California Adult Should Know

Many Californians assume estate planning is something you do later in life — or only if you have significant assets. In reality, estate planning is about control, clarity, and preparation, regardless of age or income.

California law sets default rules for what happens when someone becomes incapacitated or passes away without planning. Estate planning allows you to decide — in advance — who can act for you and how certain matters are handled.

📌 What Is Estate Planning?

Estate planning is the process of preparing legal documents that:

• State who can make decisions if you cannot

• Clarify how property and personal matters are handled

• Reduce confusion, delays, and disputes

California’s estate planning framework is governed largely by the California Probate Code, which outlines default rules when no planning documents exist.

(California Probate Code)

🧾 Core Estate Planning Documents in California

While every situation is different, California residents commonly prepare some or all of the following documents:

1️⃣ Advance Health Care Directive

An Advance Health Care Directive allows you to:

• Name a health care agent

• State medical treatment preferences

• Give guidance if you’re unable to communicate

California law provides a statutory form and specific execution requirements for this document.

(California Department of Public Health)

2️⃣ Power of Attorney

A Power of Attorney authorizes another person to handle financial or legal matters on your behalf.

Key points:

• It can be limited or broad

• It can take effect immediately or upon incapacity

• It does not survive death

Power of Attorney rules are governed by the California Probate Code and require careful execution.

3️⃣ Will or Trust

A will states who receives your property after death and can name guardians for minor children.
A trust can allow property to pass outside of probate, depending on how it’s set up.

Without either, California’s intestate succession laws determine who inherits — regardless of personal wishes.

(Sacramento County Public Law Library)

⚠️ What Happens Without an Estate Plan?

If you become incapacitated without planning:

• The court may appoint a conservator

• Family members may disagree on decisions

If you pass away without planning:

• California law decides who inherits

• Probate may be required

• Delays and court costs are common

These outcomes are explained clearly in public resources provided by California courts and law libraries.

🤝 Where Document Preparation & Notarization Fit

Estate planning documents often require:

• Precise formatting

• Correct execution

• Proper notarization or witnessing (depending on the document)

At Shanea O’Connor Services, Inc., we assist clients by:

• Preparing estate planning documents at the client’s direction

• Ensuring documents are complete and properly formatted

• Providing notary services when required by law

We do not:

• Give legal advice

• Recommend which documents you should use

• Interpret how the law applies to your personal situation

Legal Document Assistant Disclosure:
Shanea O’Connor Services, Inc. is not an attorney and cannot provide legal advice. Legal Document Assistant services are provided only at the direction of the client pursuant to California Business & Professions Code §§ 6400–6415. Clients may consult an attorney at any time