Key Takeaways
California Requirements for a Valid Will
Why a Notarized Will May Still Be Invalid
How Witness Requirements Work in California
What Happens When a Will Isn’t Properly Witnessed
When to Involve a Probate Litigation Attorney
Related Resources
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
- In California, a will does not need to be notarized to be valid.
- Two adult witnesses must watch the testator sign the will unless it’s a holographic (handwritten) will.
- A notary public’s signature does not replace witness signatures.
- A will that was only notarized, without proper witnesses, can be challenged in probate court.
- The Grossman Law Firm helps heirs and beneficiaries contest invalid or improperly executed wills in California.
California Requirements for a Valid Will
Under California Probate Code §6110, a typed will must be:
- Signed by the testator (the person making the will); and
- Witnessed by at least two adults who are present at the same time and understand that the document is the testator’s will.
If these requirements aren’t met, the will could be deemed invalid or open to challenge.
Why a Notarized Will May Still Be Invalid
Many people mistakenly believe notarization is enough to make a will official. In reality, notarization only verifies identity—not intent or execution.
A notary public is not required to confirm that:
- The person signing understood the document; or
- Two qualified witnesses were present.
Therefore, a will without proper witnesses, even if notarized, can fail to meet the formal requirements of California law.
How Witness Requirements Work in California
Witnesses serve a critical function: they confirm that the testator was of sound mind and not under undue influence when signing the will.
To qualify as proper witnesses:
- Each witness must be an adult and competent.
- It’s best if witnesses are disinterested parties—people who do not inherit under the will.
- A valid will typically includes an attestation clause, confirming that both witnesses saw the testator sign voluntarily.
A notary block, by contrast, does not fulfill this attestation requirement.
What Happens When a Will Isn’t Properly Witnessed
When a will lacks witnesses or substitutes a notary for witnesses, it may be contested in probate court.
Common outcomes include:
- The court declares the will invalid.
- The estate is being distributed according to California’s intestate succession laws, not in accordance with the deceased’s intended wishes.
- Litigation between family members or beneficiaries disputing the validity of the document.
If you suspect a will was not properly executed, you have the right to petition the probate court to challenge it.
When to Involve a Probate Litigation Attorney
Disputes over improperly notarized or unwitnessed wills can quickly become complex. An experienced California probate litigation attorney can:
- Evaluate whether the will meets statutory requirements.
- File or defend a petition to contest the will.
- Represent you in hearings and negotiations with other heirs or the executor.
At The Grossman Law Firm, we handle these disputes regularly and understand how to build a strong case based on the facts, witnesses, and execution of the will.
Related Resource
- Understanding Undue Influence
- Is an Unwitnessed Will Valid Without a Witness?
- Executor’s Duties in California: What Happens If They Breach Their Fiduciary Duty?
- Overview of California Probate Litigation
- Can’t Afford a Probate or Trust Attorney?
FAQ
Does California require wills to be notarized?
No. California law only requires that a will be signed and properly witnessed, unless it’s a holographic will written entirely in the testator’s handwriting.
Can a will with only a notary still go through probate?
It can be submitted, but it may be challenged or rejected if it lacks proper witnesses.
Can a holographic or handwritten will avoid witness requirements?
Yes, if a will is handwritten and signed by the testator. In that case, witnesses aren’t required, but these wills are often challenged for authenticity or clarity.
Who can contest a will in California?
Any heir or beneficiary with a financial interest in the estate may contest the will if they believe it was not executed correctly.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help heirs and beneficiaries throughout California enforce their rights in probate and trust litigation.
Our team can review the execution of a will, determine if it meets California’s legal standards, and pursue litigation if it doesn’t.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Jun 18, 2018