What is Required for a Valid Will in California?

In California, as a general rule of construction in order for a will to be a valid will it must be (1) in writing (2) signed by the testator (person making the will) (3) witnessed by at least 2 persons each of whom (a) being present at the same time, witnessed either the signing of the will and (b) understand that the instrument they sign is the testator's will.



What is a Holographic Will?

A Holographic Will is a will with the material terms of the will in the handwriting of the testator(person making the will) and signed by the testator. California recognizes holographic Wills.



How do I Revoke a Will?

As a general rule of construction, a will or any part thereof may be revoked by (a) A subsequent will which revokes the prior will or part expressly or by inconsistency. (b) Being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator's presence and by the testator's direction. A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator's presence and by the testator's direction.



What is Intestate Succession?

If a person dies without a will it is called “intestate succession”. Absent a will, property in California generally passes by intestate succession as defined by California Probate Code section 6400 et seq.

If you require additional assistance, contact a lawyer in our Orange County office to find the answers to your questions regarding wills and trusts in California, as we wold be happy to assist you with all of your estate planning needs.