Legal Question in Wills and Trusts in California

You need to write it out in your own handwriting or have two witnesses. Please spare your heirs much hassle and use an attorney.

You don't have wills notarized. This is an error that is apparently on LegalZoom. If you are using a computerized program to prepare an estate plan, such as wills and trusts, you need to at least consult with an attorney. Some programs contain requirements that apply in other jurisdictions.

To be valid in California, a will must be holographic or properly attested. A will is a valid holographic will if the siganture and the material provisions are in the handwriting of the testator. (The person making the will.) (Prob. Code, sect. 6111.) A holographic will does not need to be witnessed.

Formal wills are attested. They must containt the testator's signature, or may be signed by someone else at the testator's direction. (Prob. Code, sect. 6110.)

The will must be signed by at least two (2) people, each of whom are present at the same time, and either witness the signing of the will by the testator, or witness the testator acknowledging that the signature is the testator's signature. (Prob. Code, sect. 6110 subd. (c).)

Both witnesses must be jointly present, and must be competent. The witnesses should be disinterested (meaning they don't get gifts in the will) but an interested witness will not make the will invalid. An interested witness creates a presumption that the will was procured under undue influence.

Estate planning is best left to competent estate planning attorneys. A computer program is a poor substitute, that is cheap now, but will cost your loved ones a lot of money and heartache in the future.