What Constitutes a Valid Will in California?

A will is a document wherein a person states how his or her property should be distributed after having passed away. Most modern states and societies have determined the way such instructions are to be written and formalized to be valid, precisely because these instructions are so important, and their author is not present to explain or justify what he or she meant.

In California probate, there are several requirements for a will to be valid:

• The author (or testator) must be at least 18 years old and of a sound mind.
• A will can be handwritten (it is then called a holographic will) provided all the material provisions are handwritten, and the will is dated and signed by the testator.
• A holographic will does not have to be notarized or witnessed, but signature by witnesses is still recommended.
• If the testator types a will or has it prepared by someone else, the will must be signed by the testator in the presence of no less than two people, who will also have to sign. The two witnesses must not be beneficiaries of the will.
• For smaller or simpler estates, the California law provides for a standard form in which the testator fills the blanks.

Can You Change a Will Once It Has Been Written?

A will is often written many years before its author dies. In the meantime, the estate may have undergone such changes as to leave the will ineffective. This is why a will should be revised on a regular basis. Additional provisions and changes (named codicils) can be added to a will and must take the same form as explained above to be valid. The testator should make sure the codicils clarify or modify the original will and do not contradict its provisions.

The language used in a will must be precise, not just to determine the beneficiaries, but to describe the property to be distributed. For larger and more complex estates, it is highly recommended that you ask the advice of a probate attorney when writing or updating a will.

Talk to San Diego probate attorney Scott Grossman about your situation and any questions you might have. Call us at (951) 683-3704 or (866) 840-0000 for your FREE 30-minute telephone consultation. Also, order our FREE legal book The Insider's Guide to California Probate and Trust Administration.

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