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.
California will law is relatively straightforward. If written and signed by an individual who is of legal age (18) and of sound mind is qualified to write a valid will. For legal purposes, anyone who fits at least one of the following descriptions is not considered to be of sound mind (and is therefore not eligible to make a valid will):
If you die without a will, your case will "go to probate," which means your estate will be handled according to the laws of your state instead of according to your wishes. Generally, an estate that is decided in probate will be divided equally among your heirs, which may include distant relatives. If no heirs are found, the estate goes to the state.
|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.
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