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Attested Will

An attested will in California, also known as a witnessed will, is considered “self-proving.” This means that the will contained an attestation clause that was signed by...

An attested will in California, also known as a witnessed will, is considered “self-proving.” This means that the will contained an attestation clause that was signed by the witness to the will signing. The attestation is made under penalty of perjury. Typically, attested wills are prepared by a California estate attorney, typed, and executed in the presence of two or three disinterested witnesses. To qualify as a disinterested witness, the witness cannot stand to receive any gift under the terms of the will. During the probate proceedings, an attested will can be sent to probate without the witnesses.