What Are the Requirements of a Valid Will in California?

Creating a valid will is one of the most important steps in estate planning, ensuring that your assets are distributed according to your wishes. In California, the law sets specific requirements for a will to be legally enforceable. Failing to meet these requirements can result in the will being deemed invalid, potentially causing disputes among beneficiaries and subjecting the estate to California intestacy laws.

Basic Requirements for a Valid Will in California

Under California Probate Code § 6110, a will must meet the following conditions to be considered valid:

1. The Testator Must Be at Least 18 Years Old

The person creating the will (testator) must be at least 18 years old and of sound mind at the time of execution.

2. The Will Must Be in Writing

California does not recognize oral wills. The will must be a written document, which can be handwritten, typed, or printed.

3. The Will Must Be Signed by the Testator

The testator must sign the will. If the testator is physically unable to sign, another person may sign on their behalf in their presence and under their direction.

4. The Will Must Be Witnessed by Two Individuals

At least two competent witnesses must sign the will, acknowledging that they saw the testator sign it. These witnesses should be unbiased, meaning they are not beneficiaries under the will. If a witness is also a beneficiary, the court may scrutinize the bequest to that witness under California Probate Code § 6112.

Exceptions: Holographic Wills in California

California recognizes holographic wills, which are handwritten wills that do not require witnesses. To be valid:

• The will must be written entirely in the testator’s own handwriting.

• It must contain a clear statement of intent.

• The testator must sign and date the document.

Although holographic wills are legal in California, they are more susceptible to challenges in California Probate Court, as they can be misinterpreted or disputed.

Other Considerations for a Valid Will in California

• Capacity: The testator must be of sound mind, meaning they understand the nature of their assets and the effect of their decisions.

• Undue Influence: If someone pressures or manipulates the testator into writing or altering a will, it can be challenged and deemed invalid.

• No Notarization Required: A will does not need to be notarized in California to be valid, though some people choose to do so for extra assurance.

What Happens If a Will Is Invalid?

If a will is found invalid, the estate may be distributed according to California intestacy laws, which prioritize spouses, children, and other close relatives. This means that individuals who were supposed to inherit under the will may not receive their intended share.

Final Thoughts

Ensuring your will meets California’s legal requirements is crucial to protecting your estate and beneficiaries. To avoid mistakes or disputes, consider consulting an experienced California estate planning attorney. Properly drafting and executing a valid will can provide peace of mind and prevent complications in probate proceedings.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.