Signatures of witnesses are usually required for a valid will.
A valid holographic will does not require witnesses.
To prepare a holographic will, the testator writes his wishes in his own handwriting.
California Probate Code Section 6111 sets out the law for holographic wills.
Can you write your own will in California?
California law presumes that holographic Wills are valid because they are written by the decedent in the decedent’s own handwriting. Therefore, no witnesses are required. That may make sense to the person writing the holographic Will, but legally it causes problems.
Do Wills need to be notarized in California?
The probate code also authorizes a California resident to write out a will in longhand. A handwritten will, termed a holographic will, must be written, dated and signed by the maker. Although witnesses may sign a holographic will, none are required, nor must the signatures be notarized.
Is a handwritten will valid?
A holographic will is one that’s entirely handwritten and dated and signed by the testator. It doesn’t have to be witnessed, although two disinterested witnesses typically must identify the will-maker’s handwriting for it to be valid. About half of all states permit handwritten wills. Oral Wills.
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