Last Updated on October 10, 2024
California State Will Requirements
A Last Will and Testament in California is a legal document that a person, called a testator, writes to define how their assets should be divided upon their death. The testator also assigns an executor, who will control the splitting process to ensure that the testator’s wishes are met. People or organizations receiving the testator’s belongings are referred to as beneficiaries.
What Makes a Will Valid in California?
For a will to be valid in California, it should meet specific requirements.
- A person writing a will should be at least 18 years old and of sound mind, fully understanding what a will is and what its implications will be.
- A will must be in a written format. It can be typed or handwritten. In California, oral wills aren’t recognized as valid.
- A testator must sign a will in the presence of 2 witnesses. If the testator can’t sign the will due to physical incapacity, another person is allowed to do that instead. The main condition is that this person signs the will in the presence of the testator and follows their directions.
- At least 2 witnesses must add their signatures to a will after a testator signs the document. Thus, they prove that the testator was in sound mind and signed the will voluntarily, not under pressure. It is advisable to choose non-beneficiary witnesses, which means these people won’t receive any assets from the testator’s heritage.
How to Make a Will?
Writing a will in California requires understanding different legal formalities and using appropriate language. To cope successfully with the task without the lawyer’s assistance, make sure to follow the steps below.
| Step Order | Required Actions |
|---|---|
| Step 1. | Create a comprehensive list of all your assets that should be distributed. |
| Step 2. | Choose beneficiaries who will inherit your belongings. |
| Step 3. | If you have minor children, select guardians for them. |
| Step 4. | Designate an executor. |
| Step 5. | Write down your will. Read it to ensure your wishes for asset division are 100% direct and clear and you didn’t miss something important. |
| Step 6. | Sign your will in the presence of 2 witnesses. Each witness must also sign the document. |
| Step 7. | Put your will in a secure place, so no third parties can access it. Inform an executor about where it is stored. |
Download Last Will and Testament Form
Making a last will is easier with a ready-to-use template. Many online services offer such templates either free or for a moderate cost. Still, it is necessary to check in advance if the sample is suitable for your unique situation and follows the state requirements so that your will has legal power in the future.
Check this sample to see how a will may be formatted in the state.
Frequently Asked Questions
How Much Does a Will Cost?
If you write a will yourself, you don’t need to pay anything. If you seek the lawyer’s assistance with compiling the document, the price may start at $500 and reach $5,000 or more, depending on the case. Online will creation services can charge $200+, on average.
Can I Write My Own Will in California?
You can write a will without third-party help. However, remember that filling out any legal document is a serious task, and without proper legal knowledge, you can make mistakes. If you violate any legal standards while writing a will, you risk creating a document that won’t be recognized as enforceable. Thus, the probate court will not stick to your desires for property division but will follow intestate succession laws.
Are Online Wills Legit in California?
Online wills can generally be considered legit in California. Currently, the state recognizes 2 forms of valid wills – typed and handwritten. If you create a will online and then print it out, sign it in the presence of 2 witnesses, and have them sign it as well, the document can be legit. Still, remember that it is necessary to find a proper template that meets legal requirements and adjust it in accordance with your circumstances.
Does a Will Need to Be Notarized?
In California, it isn’t obligatory to notarize a will to make it valid. However, if a person wants to make a “self-proving” will, they may seek notarization, where the testator and 2 witnesses should sign an affidavit in front of the notary. Thus, witnesses declare that the will was executed properly and that the testator was in sound mind to voluntarily sign the document. With a “self-proving” will, the probate process is often faster since the court does not require the witnesses to testify about the will execution.