Requirements to Witnessing a Will in California
Posted By Renee Linares on Aug 20, 2010 3:19pm PDT
If you are executing a will it is important that you comply with California's requirements for wills drafting so that your will is valid. This is why its helpful to hire an estate planning attorney to assist you with basic will drafting. If you have further questions about wills drafting or the requirements of a valid will in California you should consult with a California estate planning attorney.
A witnessed will in the state of California must be signed by the testator and by some other person signing in the testator's name and presence and by the testator's direction or by a conservator pursuant to a court order to make a will. California Probate Code section 6110(b). Also, an unknown fact is that there is no formal requirement that a witnessed will be dated. Estate of Warner 166 Cal. App. 2d 677, 684, 33. Further, there is no formal requirement that a witnessed will indicate the residence of the testator or the location where the will was signed. However, as a general rule it is always helpful to date and put the location when signing legal documents and most law firms insist on having both. However, the most important aspect of having a valid witnessed will in California is complying with the witness requirements. This topic will be addressed in the next blog.