Legal Question in Wills and Trusts in California
If you have a Will or a Living trust notarized do you need to have any witnesses sign the doucuments?
Howard
3 Answers from Attorneys
In CA, Wills must be witnessed (2), not notarized. Living trust do not HAVE to be notarized, but it is recommended.
I agree with Ms. Cusack. There seems to be some confusion on the internet with preprinted form wills and some assertion that the wil has to be notarized. If a will is a preprinted form and is notarized only, it will be invalid. It must be witnessed by two independent witnesses, and contain a proper attestation clause.
I agree with Mr. Roach and Ms. Cusack. I have noticed the same issue with internet form wills. California law requires that two independent (not related to the testator) witness the testator's signature and attest to that signing. A trust does not have to witnessed or notarized, but it is highly recommended that it be notarized.