California Wills Laws
Laws governing the drafting, signing, and enforcement of wills are fairly similar among U.S. states. As in many other states, California's wills laws require the testator (the person writing the will) to be at least 18 years old and of sound mind. But unlike some other state laws, California does not recognize oral (or "nuncupative") wills. Holographic wills, which are handwritten, are regognized by the state but have special requirements.
|Code Section||Prob. §§6100, et seq.|
|Age of Testator||18 years or older and of sound mind|
|Number of Witnesses||At least 2 persons present at the same time, witnessing either signing of will or testator's acknowledgment and must understand that it is testator's will.|
|Nuncupative (Oral Wills)||Not recognized|
|Holographic Wills||Valid if signature and material provisions are in handwriting of testator; does not need witnesses; must show testamentary intent which can be shown by extrinsic evidence.|
Note: State laws are constantly changing -- contact a California estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- California Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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