What is testate in California estate planning ?

Testate is the legal term for dying with a valid will.

Sounds dirty. It's not. But it does put your dirty laundry on the front lawn.

How does a typical will become public record?

When you die with a will, your estate goes through probate. That means your will becomes a court document. And court documents are public record.

Anyone can look up what you owned, who you gave it to, and where your beneficiaries live. Including your creepy neighbor and your daughter's abusive ex.

What happens when a will goes through probate?

Margaret lived in Woodland Hills. Owned a home near the park. Had a collection of valuable coins she'd been saving for 40 years.

She had a will. A simple one. Left the house to her daughter. Left the coins to her grandson. Thought she was done.

Margaret died. Her will went to probate.

The court published the will. Public record. Anyone could request a copy.

Her daughter's address? In the will. Her grandson's name? In the will. The coin collection ? Listed as an asset.

Margaret thought she was protecting her family. She was just giving the world a map. A treasure map.

Dirty Laundry Tip

Dying with a will — testate — sounds responsible. And it's better than dying without one (intestate). But it's not private.

The world doesn't need to know who got your valuable coin collection. Or where they live.

If you want to keep your affairs private, a living trust is the answer.

Living Trust vs. Wills