Witnesses To Admit A Will: Tips to Tell Whether You Need for California Probate

In some cases, to admit a will to California probate without witness testimony, the document will contain a valid attestation clause. It should also be self-proving. If the will satisfies both of these criteria, the procedure for beginning the process for California probate is easier. Many people, however, do not understand the differences between a self-proving will with an attestation clause and any other form of will. As a result, we have compiled an overview of how to tell if you need witnesses to admit a will to California probate.

6 Tips To Tell Whether You Need Witnesses To Admit A Will to California Probate:

• An attestation clause typically falls between the signature of the testator and the signatures of the witnesses to its signing.
• The attestation clause will state that the witness knows the creator of the will.
• The clause will also state that the witness understands that the document is a will.
• Furthermore, the clause will state that the witness saw it being signed.
• Finally, the clause will state that the creator appears to be of sound mind and not unduly influenced.
• If the clause contains a statement that it is signed under “penalty of perjury,” it is self-proving.

If a will is self-proving and contains an attestation clause, it can be admitted to probate without requiring witness testimony. This is fortunate because gathering witnesses to the will after someone has died can be very difficult.

 

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.