Legal Question in Wills and Trusts in California
Does a California Will need to be notarized to be valid?
I took my self-made will made from BroderBund WillWriter 2002 and three witnesses to get it notarized and was told that an attorney had to review it before it could be notarized. Does it have to be notarized? Can I just have my witnesses sign it without a notary or affidavit? Are there any legal consequences that could result? I read somewhere (Ask Ms. Nolo???) that in California as long as I had two witnesses that Wills did not need affidavits or notarizing. Is that true?
3 Answers from Attorneys
Re: Does a California Will need to be notarized to be valid?
The will just requires two witnesses (people other than those mentioned in the will) to be valid in California. The witnesses must understand it's your will and watch you sign it.
A notarization may be helpful in proving the identity of the witnesses, but it doesn't affect the will's validity.
Re: Does a California Will need to be notarized to be valid?
Two witnesses who sign stating that they were both there and saw you sign. No notarization is necessary.
Re: Does a California Will need to be notarized to be valid?
A will needs the signatures of at least two uninterested parties who witnessed the maker of the will sign the document.
A Notary should REFUSE to notarize a document that is purported to be a will. A notarized will is invalid.
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