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However, the probate laws do have various requirements depending on how it is made. Whether handwritten, typewritten, prepared by someone else, or created online, a will drafted in California does not require notarization. Requirements Dependent on How the Will Is Created An experienced attorney can assess the unique facts and circumstances surrounding the signing of the particular Will in question to determine whether you may have grounds for a will contest. Lastly, a valid witnessed will should contain an attestation clause lacking the notary block.Įven in cases where there are two witnesses to a will, it does not mean that it cannot be challenged. These witnesses must be competent and ideally disinterested to be valid.įurthermore, the signature of a notary public on a will does not take the place of a witness. Here is why:įirst of all, unless it is a holographic will, it must be witnessed by two adults. If this is the case, the Will could be subject to attack. In some cases, however, a will may have been notarized under the mistaken belief that doing so overcomes the need for two disinterested witnesses to view the signing of the Will.” While many wills may be notarized, the lack of notarization will not provide grounds for a will contest. “Under California law, there is no requirement that a will be notarized to be valid. To alleviate this burden, you can add a self-proving affidavit to your Will, in which case your Will must be notarized.
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This ultimately delays the time it takes for any beneficiaries to receive assets in the Will. The witnesses must appear in probate court to verify their signatures and the testator’s signature, which might be difficult if the witnesses have moved away or died. (Handwritten and oral will have different requirements.) Once you pass away, the Will needs to be verified or proven. Accordingly, the testator must sign the Will, and two other people who don’t stand to benefit are called disinterested witnesses. Your Will can still be considered a legally binding document if it hasn’t been notarized, so long as it’s made according to all the will requirements outlined in California State law.
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Writing a will on your own and getting it notarized is only half the battle.