Can a Notarized Will Be Contested in California?

Table of Contents

• Key Takeaways
• Introduction
• California Will Requirements
• Why Notarization Is Not Enough
• The Role of Witnesses in Will Validity
• You Can Contest a Notarized Will
• How The Grossman Law Firm Can Help

Key Takeaways

• California wills must be witnessed by two competent adults—except in the case of a holographic will.
• Notarization does not replace the legal requirement for witnesses.
• Wills signed without proper witnessing may face legal challenges.
• The Grossman Law Firm helps clients challenge or defend the validity of wills in probate court.

Probate litigation gives heirs and beneficiaries the legal avenue to fight for the inheritance they are entitled to receive. When disputes arise—often involving executors, administrators, or third parties—litigation becomes necessary to resolve issues surrounding the will or the estate.

At The Grossman Law Firm, we guide clients through California probate litigation with clarity, strategy, and compassion. If you’re unsure whether a will is legally valid, we can help you determine your rights and next steps.

California Will Requirements

Under California Probate Code, a valid will must meet specific legal requirements. One of the most crucial is proper witnessing.

• A typed (non-holographic) will must include the testator’s signature and signatures from two competent adultswho witnessed it.
• Witnesses should ideally be disinterested—meaning they are not named as beneficiaries.
• A will should also include an attestation clause, which affirms that the testator signed the will in the presence of the witnesses.

Why Notarization Is Not Enough

California law does not require notarization for a will to be valid. In fact, a notary’s acknowledgment does not fulfill the legal requirement for witness signatures.

Many testators mistakenly believe that notarizing a will makes it legally valid. However, this belief is incorrect. Only two competent adults witnessing the signing can satisfy California’s legal requirements, not a notary.

When someone notarizes a will without also securing the required witness signatures, they risk having the court declare the will invalid. That can lead to legal challenges and disputes during probate.

The Role of Witnesses in Will Validity

Witnesses play an essential legal role:

• They confirm that the testator had sound mental capacity and was free from undue influence when signing the will.
• They help demonstrate that the testator signed the will voluntarily and understood its contents.
• They can testify about the signing process if someone contests the will.

Without valid witness signatures, the court may refuse to admit the will into probate, resulting in a different distribution of the estate.

You Can Contest a Notarized Will

Yes. Even a notarized and witnessed will can be contested. Common reasons include:

• Lack of capacity
• Undue influence
• Fraud or forgery
• Improper execution

If you suspect that someone notarized a will without proper witnessing—or notice other problems—The Grossman Law Firm will investigate and explain your legal options.

If you’re concerned about a will signed without proper witnessing—or suspect undue influence or fraud—learn more about how to contest a will in California. 

How The Grossman Law Firm Can Help

When a loved one passes away and questions arise about the validity of their will, emotions can run high. At The Grossman Law Firm, we focus exclusively on probate, probate litigation, and trust litigation in California.

We represent heirs, beneficiaries, and other interested parties in will contests and probate disputes. If a will was notarized but lacks the required witness signatures, we can:

• Investigate how the will was signed
• Determine whether the will meets California’s legal standards
• Initiate or defend a will contest on your behalf

Want to learn more about your legal options when a will is disputed? Read our California Probate Litigation Guide for a clear breakdown of your rights. Or check out our article “California Probate Litigation Guide: From Will Creation to Final Resolution,” for a guide to probate litigation from start to finish.

Call us today at (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.