Legal Question in Wills and Trusts in California

Does my own homemade last will and testament need to be notarized or do I just need two witnesses or both.


Asked on 7/10/10, 3:58 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Either two witnesses or handwritten (not notarized). But don't do this. Look through the LawGuru knowledgebase and you'll find lots of examples of messed-up estate plans. It's not expensive to have it done right by an attorney.

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Answered on 7/10/10, 7:02 pm
Robert F. Cohen Law Office of Robert F. Cohen

California has a statutory form will. If you are doing something simple, like dividing your stuff between your spouse or kids, you might take a look at that. It contains clear instructions. I agree with Mr. Stone, though. It's risky to do it yourself if you have anything of significant value, or if you don't want your kids fighting among themselves.

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Answered on 7/10/10, 7:43 pm
Anthony Roach Law Office of Anthony A. Roach

Documents only need to be notarized if they are going to be recorded. Wills aren't normally recorded.

I suggest talking to an attorney, and perhaps reading up on estate planning. Many people think that what they prepare on a form (such as the ones on LegalZoom, which contain a space for a notary that is not needed) that they have taken care of estate planning matters, but rather they have opened up a can of worms.

An experienced estate planning attorney can set you in the right direction for a lot cheaper than you think,

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Answered on 7/13/10, 3:38 pm


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