Yes. Under the California Probate Code, a parent may nominate a guardian for a minor child in
a will (or other written instrument).
However, the nomination is not automatic. The Probate Court must formally appoint the
guardian. The court’s primary consideration is the best interest of the child.
The court may decline to appoint the nominated guardian if:
● The nominee is legally unqualified,
● The nominee is unwilling to serve,
● There is evidence of unfitness,
● Appointment would not serve the child’s best interests.

The decedent’s wishes receive strong consideration, but the final determination rests with the
Superior Court Probate Division.

In California, property held as joint tenancy with right of survivorship passes automatically to
the surviving joint tenant upon death.
It does not pass through probate and is not controlled by the will, regardless of what the will
states.
This commonly applies to:

● Real property
● Bank accounts
● Investment accounts

The surviving joint tenant becomes the sole owner by operation of law upon recording an
Affidavit of Death of Joint Tenant.

Yes. A California court will not enforce provisions that:
● Violate public policy
● Require illegal acts
● Attempt to disinherit a surviving spouse without consideration of California community
property rights
● Interfere with statutory rights (such as omitted spouse or omitted child provisions)

Additionally:
● Community property cannot be devised by one spouse beyond that spouse’s one-half
interest.
● A will cannot override valid beneficiary designations (e.g., life insurance, retirement
accounts).