Key Takeaways
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In California, most wills require two witnesses to be valid under Probate Code §6110.
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A holographic will may still qualify for probate if it meets specific legal requirements.
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Courts challenge these wills more often, especially when there’s evidence of undue influence, fraud, or lack of capacity.
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The Grossman Law Firm can help you determine whether an unwitnessed will is valid or should be contested.
Is an Unwitnessed Will Valid Without a Witness in California?
Witness Requirements Under California Probate Law
According to California Probate Code §6110, for a will to be considered valid in California, it must meet specific requirements. One of these essential conditions is that a will must be witnessed by at least two individuals. However, there are exceptions for unwitnessed wills in certain circumstances. To understand the full scope of unwitnessed wills’ validity, it is crucial to consult the relevant laws and seek legal advice. Under California Probate Code §6110, a valid will must meet these conditions:
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The testator must sign the will
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At least two individuals must witness it
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The witnesses must:
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Be present at the same time during signing or acknowledgment
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Understand that the document is a will
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Be of legal age and mentally competent
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Not be beneficiaries (to avoid conflict of interest)
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These rules exist to prevent fraud and protect the testator’s true intentions.
If you’re unsure whether a will satisfies these legal formalities, The Grossman Law Firm can advise you on whether it qualifies for probate or faces legal risk.
What Happens If a Will Was Not Witnessed?
Sometimes, people leave behind a handwritten (holographic) will that no one witnessed. While this format doesn’t meet standard requirements, California law allows these wills under specific conditions.
A holographic will may be valid if:
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The testator wrote and signed the material provisions
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Clear and convincing evidence shows the testator intended the document to be their will
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The testator had mental capacity and wasn’t under undue influence
If you’re entering probate with a will like this, The Grossman Law Firm can assess whether the document can be admitted or challenged, helping you avoid costly delays or mistakes.
Understanding Holographic Wills
A holographic will is a handwritten, unsigned document that may still be valid under California Probate Code § 6111. To qualify:
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The testator must write and sign the document
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The writing must show intent to create a will
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No signs of fraud or coercion may appear
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The testator must have had mental capacity at the time
Many people create these wills during emergencies or without legal help, which can lead to errors or inconsistencies.
Important: Even if a holographic will looks valid, its unwitnessed nature invites legal challenges—especially from heirs who feel excluded or suspect misconduct. The Grossman Law Firm can help resolve those disputes before they spiral into litigation.
Proving the Validity of an Unwitnessed Will
To have an unwitnessed will admitted to probate, the person filing it must:
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Show clear and convincing evidence that the testator wrote and signed it
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Prove that the testator meant the document to serve as a will
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Demonstrate that the testator had capacity and wasn’t subject to undue influence
If you can’t prove these elements, the court may invalidate the will. In that case, the estate would pass under California’s intestate succession laws.
The Grossman Law Firm can help you build the evidentiary record, navigate court procedures, and protect your interests whether you’re defending or challenging an unwitnessed will.
Can a Will Be Contested If It Was Not Witnessed?
Yes—unwitnessed wills are among the most frequently contested estate documents in California.
Common reasons include:
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Undue influence: Someone pressured or manipulated the testator to change their wishes
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Lack of capacity: The testator didn’t understand the document they were signing
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Fraud or forgery: The handwriting or signature isn’t authentic
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Conflicts or ambiguities: The language is unclear or contradicts earlier wills
Learn more: Understanding Undue Influence
If you’re unsure whether to file a will contest, The Grossman Law Firm can evaluate your case and guide you through your legal options.
Related Resources
FAQ
Is a handwritten will valid in California?
Yes. A holographic will is valid if the material terms are in the testator’s handwriting and it clearly shows intent to distribute the estate.
Do all wills require witnesses?
No. While most wills require witnesses under Probate Code §6110, California law allows handwritten wills without witnesses if they meet the requirements of Probate Code §6111.
Can I challenge a will that wasn’t witnessed?
Yes. Unwitnessed wills are more vulnerable to challenges due to concerns about fraud, undue influence, or mental incapacity.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation.
If you’re unsure whether an unwitnessed will is valid—or if you believe someone influenced your loved one into creating or changing a will—we can help. We’ll review the document, investigate the facts, and explain your best legal path forward.
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.
