Legal Question in Wills and Trusts in California

A Will and its Notarial Certificate

What is the correct notarial form for a California will: a Jurat or an Acknowledgment?

And is the notarial certificate considered to be part of the Will (and so is included in the page numbering)?


Asked on 3/26/07, 5:16 pm

1 Answer from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: A Will and its Notarial Certificate

A California will should not be notarized.

A California will - other than a holographic will - "shall be witnessed by being signed by at least two persons each of whom (1) being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will and (2) understand that the instrument they sign is the testator's will.", to quote CA Probate Code section 6110.

If some person or website or computer program gave you a will and suggested that it be notarized to be effective in California, that's a strong clue that the source of the document has no familiarity with California law.

Also, if the will is intended to control the disposition of any significant amount of property, you might want to look at the probate filing fees, statutory executor's fees, and statutory attorney's fees for a probate before choosing a will as the foundation document for an estate plan.

A will avoids intestacy - but it guarantees a probate.

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Answered on 3/27/07, 1:12 am


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