Legal Question in Wills and Trusts in California

Will not notarized

The Treasury Dept for Fresno County, Ca is rejecting the Wills of our parents to re-disperse funds on a check for the remaining funds on a sale of property for back taxes. They (Fresno County) requires the Wills to be notarized. I did not think Ca required Wills to be notarized to be valid. Both parents are deceased. Both witnesses to the Wills are still alive. Can the Wills be notarized at this time? Or, can an affidavit be used for the witnesses? Looking for acceptable options at this time. Additional questions can be emailed to me if necessary. Thanks for your assistance.


Asked on 3/04/09, 4:19 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

Re: Will not notarized

You are correct- Wills do not have to be notarized in CA.

If your parent's estate (the second to die) is under $100,000, you should submit to the County a Probate Code Section 13100 Declaration asking the the funds be transferred to his successor in interest (the children, assuming they are the residual legatees of the will, along with certified death certificates of both of your parents.

Read more
Answered on 3/04/09, 4:49 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California