If I send my attorney my wishes, is that enough to avoid probate?

No. Stating your wishes to your attorney does not avoid probate. It also does not constitute a will or any other type of legally enforceable document. The only legally enforceable document is one that is signed and witnessed or notarized (depending on the document).

Also: even just signing a will in California does NOT avoid probate. You really need to have a trust or other estate planning involved to avoid probate.

If you have sent your attorney your wishes but NOT signed any final documents, do not delay in getting that done. If you have NOT sent your attorney your wishes, please do so as quickly as possible so we can get your documents signed, witnessed, and notarized as necessary.

If you have any questions about the status of your estate plan, please contact me.