A will, also called a last will and testament, is a legal document that states who should receive your property after you die. It can name an executor to handle your estate and nominate a guardian for your minor children. A will must meet legal requirements to be valid, and it does not necessarily control every asset you own.

In California Family Law

Divorce can change how an existing will works. Under Probate Code section 6122, a divorce or annulment generally revokes gifts to a former spouse and nominations of that spouse as executor or trustee, unless the will expressly says otherwise. Legal separation alone does not have this effect.

For example, if your will leaves property to your spouse and you later divorce, that gift generally no longer takes effect. Reviewing the will helps ensure that it names the people you now intend to benefit.

You can create, change, or revoke a will during a divorce. Family Code section 2040 expressly allows this, although restrictions may still apply to property transfers and beneficiary changes outside the will.

A guardian nomination states your preference; it does not itself give someone custody or override a surviving parent’s rights. The court decides whether to appoint a guardian.