More Than One Way to Create a Valid Will Many people assume a will only counts if it was prepared by an attorney, typed, and signed formally in front of witnesses. California law actually recognizes two distinct paths to a valid will, each governed by its own specific requirements, and understanding the difference matters for anyone in Orange planning their estate. The Formal Witnessed Will Under California Probate Code § 6110, a standard will must be in writing and signed by the person making it, known as the testator, or by someone else in the testator's presence and at their direction. This type of will is also required to have the signatures of at least two witnesses, both present at the same time, who watched the testator sign or acknowledge the will and understood the document was intended as a will. Must be in writing and signed by the testator or at their direction Requires…Read More
Most people assume a will has to be typed, witnessed, and formally executed to count. California recognizes an important exception, but the requirements for making it work are narrower than many people realize. What Makes A Will Holographic In California Under California Probate Code Section 6111, a will is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the person making it. What Actually Counts As A Material Provision Material provisions generally mean the substantive terms of the will, such as who receives specific property and how the estate should be distributed. These key terms must be in the testator's own handwriting, though a holographic will can incorporate a commercially printed form for other portions of the document. Why No Witnesses Are Required For This Type Of Will Unlike a standard typed will, which generally requires two witnesses to be valid, a holographic…Read More
