Having a will in place in your estate plan is a critical step to securing the future of your loved ones. These legal documents allow you to inform your family members and friends of your last wishes and how you would like your assets to be distributed following your passing. If you have decided it’s time to draft your last will and testament, you might find yourself wondering, “What are the requirements for a will to be valid in California?”
It is wise to keep in mind that not all wills are legally enforceable. In the state of California, there are multiple requirements that must be met in order to create a legal last will and testament that can keep it from being declared invalid. Establishing a will is one of the easiest ways to make sure that your property is divided up according to your preferences and can be made with the help of a trusted Irvine wills attorney.
What Constitutes a Will in California?
In the state of California, a will, or a “last will and testament,” is a vital step in establishing a legal estate plan. A will lays out an individual’s instructions for how they would like their assets and property to be distributed amongst heirs upon their death. Because of its nature as a formal, legal document with significant implications, there are certain requirements that must be made in executing and signing the document so that it can be seen as valid by the courts.
In addition to a will, you may also want to establish a living will. A living will, also known as a healthcare directive or advance directive, details your wishes for any medical care related to end-of-life. This can help your family members and medical healthcare providers know how to handle any event in which you are unable to express your wishes due to incapacity. Quite often, a living will is part of your overall estate plan in the state of California.
Requirements for a Valid Will in the State of California
When establishing a legal will in the state of California, there are several requirements that must be met in order for the probate courts to declare the will valid. These requirements include:
- The Will Must Be in Writing: In the state of California, an oral will that is not in writing will not be seen as valid by the courts. The individual who creates the will does not need to write or type the will themselves, but the will must be handwritten or typed to be considered valid.If it is suspected that the one establishing the will or someone else has changed it or made modifications, disputes may arise. If these changes are not done correctly, the probate court will declare the will invalid. In order for the changes to be seen as valid, they must be signed by witnesses.
- The Will Must Be Signed By Witnesses: In California, a will must be signed by at least two witnesses in order to be established as valid. These witnesses must be present at the time the individual who created the will signs it. These witnesses will also be required to sign a legal affidavit that acknowledges the fact that the one who established the will was of sound mind and physical ability when it was signed.
- The Will Must Name and Identify the Beneficiaries: At its core, a will states to the probate court how your property and assets will be distributed after your death and to whom those assets and property will be granted. It is essential that the language used clearly identifies these parties and which property they are entitled to. Legal challenges and disputes can arise when wills have multiple interpretations and unclear language.
- The Will Must Use Precise and Legal Language: It is wise to consult the knowledge of an estate planning attorney who can help ensure your will is legal and valid and will hold up in probate court. Your lawyer can help you draft your will and employ the necessary language needed to maintain legal validity after your passing.
- The Testator Must Sign and Date the Will: The “testator” or the one who establishes the will must sign and date the will and be of sound mind and physical ability. The testator must also be at least 18 years of age. Being of sound mind means that the testator has the ability to think, reason, and understand the will.
FAQs About Requirements for a Will to Be Valid in California
Does a Will Need to Be Notarized in California?
There is no requirement under California law for a will to be notarized in order for that will to be seen as legally valid. While you can have your will notarized, the fact that it is not will not establish grounds for a will contest. However, a will must be witnessed and signed by at least two other individuals in order to be seen as legally valid.
What Property Is Excluded From a Will in California?
In the state of California, some property may be excluded in a legal and valid will. This might be property that you held jointly with another person. This can include the half of community property that belongs to your spouse or domestic partner, any real estate or financial accounts held jointly with another person, and any properties in a living trust.
What Invalidates a Will in California?
In the state of California, there are several things that might invalidate a will. These reasons might include improper execution, a replacement of the will by one established at a later date, a lack of testamentary capacity, a lack of required content, or evidence that a will was established under undue influence, such as fraud or coercion.
What Happens If I Pass Away Without a Will in California?
Unfortunately, there are some cases in which an individual passes away without an established legal will. When this occurs, disputes can arise between family members, leading to legal battles and unnecessary tensions that could have been avoided. This is why it is so important that a legal will be established with the help of an attorney who can ensure the protection of your legacy and hard work for generations.
Contact a Trusted Will Attorney Today
If you have decided now is the time to establish your will, it is vital that you ensure all requirements for wills under California state law are met. You have worked hard to establish all that you have and deserve protection for your legacy for years to come. The Law Office of Christopher P. Walker can help you create a legal and valid will. Contact us today to see how we might be of service to you.