Legal Question in Wills and Trusts in California
When a Will in Los Angeles County is being probated, how does it work when two witnesses sign? Do the witnesses need to be tracked down later to verify that that is their signatures once the decedent dies and the Will is being probated/validated? I guess I don't understand why notarization is not required.
3 Answers from Attorneys
The witnesses will only have to be contacted if the Will does not meet the requirements under the code or there is a Will contest. Otherwise, no need to contact the witnesses.
The law regarding Will requirements is based on old English law.
Wills do not require a notary. In fact, witnesses are required. Whether they will need to be located depends on the will form and whether it is self proving.
Because two witnesses are better than one crooked notary.
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