California Estate Planning Drafting Software
California Estate Planning Drafting Software for Attorneys
California estate planning requires precise alignment with the Probate Code—from will execution formalities under §§ 6110-6113 to statutory POA forms under § 4401 and trust certification requirements under § 18100.5. Statular generates California-compliant trusts, wills, powers of attorney, deeds, and trust administration documents with the statutory citations and execution formats California attorneys expect.
California Coverage
- Revocable trusts (individual & joint)
- Pour-over wills (§ 6110-compliant)
- Statutory POA (§ 4401)
- Advance Health Care Directive (§§ 4700-4701)
- Grant deeds with PCOR
- Death affidavits (trustee, spouse, joint tenant)
- Small estate affidavits (§§ 13100-13115)
- Notice to Beneficiaries (§ 16061.7)
California-Specific Drafting Considerations
Community Property Characterization & Transmutation
Family Code § 760, Family Code § 852Track asset characterization (community, separate, quasi-community) with source-of-funds tracing. Generate transmutation agreements that satisfy Family Code § 852's express declaration requirement—ensuring any change in character is documented with the specificity California courts require.
PCOR-Ready Deed Preparation
Rev. & Tax. Code § 480, Rev. & Tax. Code § 63Generate grant deeds and quitclaim deeds with Preliminary Change of Ownership Reports (BOE-502-A) pre-populated from interview data. The system identifies transfers that may qualify for PCOR exclusions and flags interspousal transfers under Revenue & Taxation Code § 63.
Proposition 19 & Property Tax Exclusions
Rev. & Tax. Code § 63.2Flag parent-child and grandparent-grandchild transfers that may qualify for the Prop 19 exclusion, including the primary residence requirement and $1 million assessed value limitation. The interview captures transfer timing and beneficiary eligibility for exclusion claims.
Heggstad Petition Avoidance & Support
Probate Code § 850, Estate of Heggstad (1993)Comprehensive funding documentation—assignment of personal property, schedule A preparation, and deed generation—reduces the need for Probate Code § 850 petitions. When assets remain unfunded at death, the system preserves evidence of settlor intent for Heggstad proceedings.
California Will Execution Formalities
Probate Code §§ 6110-6113Pour-over wills and standalone wills comply with California's attestation requirements: signature at the end, two witnesses present at the same time who sign during the testator's lifetime, and witness acknowledgment language that satisfies Probate Code § 6110's presence requirement.
California's 120-Hour Survivorship Rule
Probate Code § 21109, Probate Code § 6403Trust and will provisions account for California's default 120-hour survivorship requirement under Probate Code § 21109. Override language is included where clients prefer simultaneous death treatment or different survivorship periods.
How California Drafting Works
1. Intake with California-specific prompts
Collect client biographical data, asset characterization (community vs. separate property), real property APNs and legal descriptions, and fiduciary appointments. The interview surfaces California-specific issues: transmutation history, Prop 19 eligibility, and potential title clearing needs.
2. Trust, will, and powers drafting
Generate revocable living trusts with California Probate Code–compliant provisions, pour-over wills meeting § 6110 attestation requirements, Statutory Form Durable Powers of Attorney per § 4401, and Advance Health Care Directives per §§ 4700-4701.
3. Deed preparation and PCOR generation
Prepare grant deeds or quitclaim deeds for each real property, with PCOR forms (BOE-502-A) pre-filled. The system flags interspousal exclusions, parent-child transfers, and properties requiring supplemental documentation.
4. Funding documents and schedules
Generate Schedule A (real property), Schedule B (personal property), assignments of tangible and intangible personal property, and beneficiary designation change letters—all cross-referenced to the trust instrument.
5. Attorney review and execution package
Review the complete document set with flagged items requiring attorney judgment. Generate execution-ready packages with signing instructions, notary certificates, and witness acknowledgment pages formatted for California requirements.
California Document Set Coverage
Statular generates a complete California estate planning package—trusts, wills, powers, deeds, death affidavits, and trust administration documents—all formatted for California statutory requirements and county recorder standards.
Trust Documents
- Revocable Living Trust (Individual)
- Revocable Living Trust (Joint/Community Property)
- Trust Amendment
- Trust Restatement
- Certification of Trust (Probate Code § 18100.5)
- Assignment of Personal Property to Trust
- Schedule A (Real Property) & Schedule B (Personal Property)
Wills & Nominations
- Pour-Over Will (§ 6110-compliant attestation)
- Standalone Will with Testamentary Trust
- Nomination of Guardian for Minor Children
- Codicil
Powers of Attorney
- Statutory Form Durable Power of Attorney (Probate Code § 4401)
- Durable Power of Attorney (Long Form with Custom Powers)
- Advance Health Care Directive (Probate Code §§ 4700-4701)
- HIPAA Authorization
- Caregiver Authorization Affidavit (Family Code § 6550)
Deeds & Property Transfer
- Grant Deed (Trust Funding)
- Quitclaim Deed (Trust Funding)
- Interspousal Transfer Deed
- Transfer on Death Deed (Probate Code §§ 5600-5696)
- Preliminary Change of Ownership Report (BOE-502-A)
- Affidavit Death of Joint Tenant
- Affidavit Death of Spouse (Community Property Confirmation)
Death Affidavits & Title Clearing
- Affidavit Death of Trustee
- Affidavit Death of Joint Tenant
- Affidavit Death of Spouse
- Affidavit Re Change of Name
- Corrective Affidavit for Minor Correction
Small Estate & Administration
- Small Estate Affidavit – Personal Property (Probate Code §§ 13100-13115)
- Affidavit Re Real Property of Small Value (Probate Code §§ 13200-13210)
- Spousal Property Petition (Probate Code § 13650)
- Notice to Beneficiaries (Probate Code § 16061.7)
- Notice to Creditors (Probate Code §§ 19040-19050)
California Statutory Coverage and Compliance Forms
California estate planning requires precise compliance with Probate Code, Family Code, and Revenue & Taxation Code requirements. Each form below is drafted with the statutory citations, execution formalities, and content requirements California courts and title companies expect.
Statutory Durable Power of Attorney
Probate Code § 4401, Probate Code §§ 4450-4465California's statutory short form POA with all powers enumerated under § 4450-4465. Includes initialing blocks for each power category (real property, banking, retirement plans, tax matters) and the statutory warning required for agent acceptance.
Advance Health Care Directive
Probate Code §§ 4700-4701, Probate Code § 4121Statutory form compliant with § 4701 requirements: agent appointment, treatment preferences, organ donation elections, and primary physician designation. Includes the statutorily required witness attestations and notary acknowledgment.
Certification of Trust
Probate Code § 18100.5Statutory certification containing all elements required by § 18100.5: trust name, date of execution, settlor and trustee identities, trustee powers relevant to the transaction, trust revocability, and manner of taking title—without disclosing dispositive provisions.
Notice to Beneficiaries (120-Day Notice)
Probate Code § 16061.7, Probate Code § 16061.8Post-death notification to heirs and beneficiaries with the 120-day contest window. Includes required content: trustee identity, trust terms availability, and beneficiary's right to request a copy of the trust instrument.
Notice to Creditors
Probate Code §§ 19040-19050, Probate Code § 19004Trust administration creditor notice compliant with Article 2 requirements. Triggers the 4-month claims period when properly published and mailed, barring late creditor claims under § 19004.
Small Estate Affidavit – Personal Property
Probate Code §§ 13100-13115Affidavit for collection of decedent's personal property (bank accounts, vehicles, securities) without probate. Automatically calculates the $184,500 threshold and enforces the 40-day waiting period from date of death.
Affidavit Re Real Property of Small Value
Probate Code §§ 13200-13210Affidavit for transfer of real property valued under $61,500 (as adjusted) without full probate. Includes required exhibits: certified death certificate, preliminary change of ownership report, and property valuation.
Spousal Property Petition
Probate Code §§ 13650-13660Petition to confirm community and quasi-community property to surviving spouse without full probate administration. Addresses both titled and untitled assets, with schedules for real and personal property.
Affidavit Death of Trustee
Probate Code § 18100.5, Civ. Code § 1095Recorder-ready affidavit establishing successor trustee authority. Includes death certificate attachment requirements and signature blocks for successor trustee acceptance under the trust instrument.
Affidavit Death of Joint Tenant
Civ. Code § 683.2, Probate Code § 210Title-clearing affidavit for real property held in joint tenancy. Terminates the deceased joint tenant's interest and confirms survivorship rights in the surviving joint tenant(s) for recording purposes.
Affidavit Death of Spouse – Community Property
Civ. Code § 682.1, Probate Code § 13540Affidavit confirming community property vesting in surviving spouse. Addresses both California community property and community property with right of survivorship under Civil Code § 682.1.
Transfer on Death Deed (TODD)
Probate Code §§ 5600-5696, Probate Code § 5626Revocable transfer on death deed for primary residences per California's TODD statute. Includes statutory form requirements, beneficiary designation, and the mandatory recording and 60-day delivery requirements.
No-Contest Clause Drafting
Probate Code §§ 21310-21315, Probate Code § 21311California-compliant no-contest clauses that account for the state's protective rules. Clauses are enforceable only for direct contests brought without probable cause—safe harbor provisions preserve beneficiary rights for good-faith challenges.
Caregiver Authorization Affidavit
Family Code §§ 6550-6552Statutory affidavit authorizing non-parent caregivers to consent to school enrollment and medical treatment for minor children. Valid for one year with renewal provisions.
Attorney Review and Quality Control
California estate planning documents require attorney judgment on distributions, fiduciary appointments, community property characterization, and property transfer strategy. Statular generates draft documents with California-specific defaults, then surfaces items requiring attorney review before finalizing the package.
Items Flagged for Review
- • Community vs. separate property classification decisions
- • Prop 19 exclusion eligibility and transfer timing
- • PCOR exclusion claims (interspousal, parent-child)
- • No-contest clause enforceability under § 21311
- • Trustee powers requiring customization beyond statutory defaults
- • Distribution provisions with tax or family law implications
California Statutory Forms
- Statutory POA per § 4401
- AHCD per §§ 4700-4701
- Certification of Trust per § 18100.5
- Small Estate Affidavit per §§ 13100-13115
- Notice to Beneficiaries per § 16061.7
- TODD per §§ 5600-5696
Related Resources
Key Probate Code Sections
- §§ 6110-6113 – Will execution
- § 4401 – Statutory POA form
- §§ 4700-4701 – AHCD requirements
- § 18100.5 – Certification of trust
- § 16061.7 – Notice to beneficiaries
- §§ 13100-13115 – Small estate affidavit
- §§ 13200-13210 – Real property affidavit
- §§ 5600-5696 – Transfer on death deed
- § 850 – Heggstad petitions
California Estate Planning Drafting FAQ
Does the software generate California's statutory POA and AHCD forms?
Yes. We generate the Statutory Form Durable Power of Attorney per Probate Code § 4401 with all optional powers under §§ 4450-4465, plus the statutory Advance Health Care Directive form under §§ 4700-4701 with proper witness attestation and notary acknowledgment blocks.
How does the platform handle community property characterization?
The intake captures asset-by-asset characterization (community, separate, or mixed) with source-of-funds tracing. Transmutation agreements satisfy Family Code § 852's express declaration requirement. Trust schedules reflect each asset's characterization, and pour-over wills include appropriate community property language.
What death affidavits and title-clearing documents are included?
The California package includes Affidavit Death of Trustee (for successor trustee transitions), Affidavit Death of Joint Tenant, Affidavit Death of Spouse (for community property confirmation), Affidavit Re Change of Name, and Corrective Affidavits—all formatted for California county recorder requirements.
Does Statular support California small estate transfers?
Yes. We generate Small Estate Affidavits for personal property under Probate Code §§ 13100-13115 (currently $184,500 threshold), Affidavits Re Real Property of Small Value under §§ 13200-13210, and Spousal Property Petitions under § 13650 for community property confirmation without full probate.
How do you handle California deed recording and PCOR requirements?
Grant deeds and quitclaim deeds are generated with legal descriptions and APNs from the intake. PCOR forms (BOE-502-A) are pre-populated with transferor/transferee information, transfer type, and exclusion claims. The system flags interspousal transfers (R&T Code § 63) and potential Prop 19 parent-child exclusions.
Do the trust documents address California's 120-hour survivorship rule?
Yes. Trust and will provisions account for the default 120-hour survivorship requirement under Probate Code § 21109. Where clients prefer different treatment, override language specifies the alternative survivorship period or simultaneous death provision.
Can I generate California Transfer on Death Deeds?
Yes. We support TODDs under Probate Code §§ 5600-5696 for eligible properties (1-4 residential units, agricultural land under 40 acres, condominium units). The forms include required statutory language, revocation forms, and guidance on the 60-day delivery requirement.
What about Heggstad petition support?
Statular emphasizes comprehensive funding documentation—deeds, assignments, schedule preparation—to avoid the need for § 850 petitions. When assets remain unfunded, the system preserves assignment of personal property forms and other evidence of settlor intent that support a Heggstad petition if one becomes necessary.