Legal Question in Wills and Trusts in California
Notorization of a Will
To be legal and binding, does a Will drafted in the state of California need to be witnessed and notorized, and does it need to be filed in court before the testator becomes the deceased.
2 Answers from Attorneys
Re: Notorization of a Will
A will does not need to be notarized in California. It typically requires the signatures of at least two witnesses to be valid. An exception is the holographic will (written entirely in the will maker's handwriting)--the holographic will does not require witnesses.
Re: Notorization of a Will
A will that is written entirely in the handwriting of the testator (deceased) is a valid will. This is know as a halographic will. Otherwise, you do need to have everything witnessed and notarized. I suggest that you have an attorney with knowledge of tax law write the document for you to avoid any problems for those left behind. If you are in the Orange County area, call me at (714)321-2144.
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