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By: Scott Grossman on November 3rd, 2018

How to know if a typewritten will is valid

Today I’m asking the question how do I know if a typewritten will is valid in California? What are the requirements?

California does impose a few requirements that have to be met in order for a typewritten will to be valid but there aren’t that many of them. The requirements have to be met in order for a typewritten will to be valid, but there are really only four requirements.

The first requirement is that the testator, that’s the person who has died the person who created the typewritten will, was signed by them and that the person who created the will was mentally competent at the time that will was signed by them.

The second requirement is about the signing of the typewritten will of itself.  The will was either signed by the testator, or the testator can direct somebody else in the testator’s presence to sign their name for them. Now they don’t have to sign it like a person who is acting under a durable power of attorney is going to sign the testator’s name, and if this is being done correctly there’ll actually be a page attached and that says that it was done or some part of the will that says was being done this way. Otherwise obviously there’s going to be a claim of forgery.

The third requirement for a typewritten will it have to be two witnesses to the signature now that maybe the testator signature, it may be the person who signed the will at the direction to testator but witnesses, not a notary public. Witnesses are required to make that will valid.

Finally, the last Requirement is about the contents of the will. The will itself has to dispose of the testator’s property, which the word disposed of sounds a little funny, but it means there are directions about who gets the property now that the testator has died. So that’s it, those are the four requirements to determine whether a typewritten will is valid in California