How to Make a Valid Will in California
Wills are important estate planning documents that ensure that the wishes of a testator are carried out upon their death. The requirements for a will to be valid in the state of California are set out in Division 6 of the California Probate Code. Pursuant to section 6100, a will-maker must be 18 years of age or older and have an understanding of the nature of their property. The will-maker must understand their relationship to their spouse and or children and understand whose interests are affected by the will. For the will to be valid, it must be signed by the will-maker and by two witnesses who cannot be named as beneficiaries to the will.
In California, wills which are not executed within the formalities as set out in section 6110 of the Probate Code but which are handwritten and signed by the testator are considered to be holographic wills and are valid under California state law. California courts may also recognize wills which are executed outside the state of California which are compliant with the requirements of the jurisdiction where they were executed.
It is critical to ensure that you have a valid and properly drafted will to ensure that your wishes will be followed upon your death.
Contact Kushner Legal today to schedule a consultation for all of your will drafting and other estate planning needs.