Legal Question in Wills and Trusts in California
what happens in California if a will is unnotarized at the time of death in California?
2 Answers from Attorneys
A Will does not need to be notarized; either it is entirely in the deceased own handwriting or witnessed by two people.
A will doesn't have to be notarized to be valid. This is one of the problems with the information given by Legalzoom. As Mr. Shers points out, a will is valid if all of the material provisions and the testator's signature are in the testator's handwriting. This is called a holographic will.
A will is also valid if it is properly attested. If a testator signed a typewritten or computer generated will, and only had it notarized it would not be valid in California, because it did not comply with California's attestation law. To be properly attested, the will must be signed by two independent witnesses each of whom must be present at the same time, and either witness the signing of the will, or the testator's acknowledgement of the will, and understand that the instrument they sign is the testator's will.
This is why I strongly urge people to consult with an attorney who specializes in Estate Planning. People who try to save money by doing it themselves using bad information on the internet end up costing more time, money and problems in the long run than what they save.
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