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Is a Handwritten Will Legit in California?

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Use 'Todd' as the username  >  Blog  >  Is a Handwritten Will Legit in California?

July 13, 2023 | By Trust Law Partners
Is a Handwritten Will Legit in California?

Yes. Under Section 6111 of California’s Probate Code, a handwritten will (also known as a “holographic will”) is considered valid in California, provided it meets the following conditions:

  1. The entire will must be written in the handwriting of the person making the will (the testator)
  2. The testator must have intended the document to be their will
  3. The will must be dated
  4. The will must be signed by the testator

It’s important to note that a holographic will does not require witnesses’ signatures. However, it is generally recommended to have witnesses to help verify the authenticity and validity of the will.

While holographic wills are accepted in California, it’s generally advisable to consult with an attorney to ensure that your will meets all the legal requirements and adequately reflects your wishes. An attorney can provide guidance to help you create a properly executed will that reduces the risk of potential challenges and ensures that your wishes are carried out as intended.

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California probate law is one of the most intricate areas of state law, filled with technical procedures, filing deadlines, and evidentiary burdens. Without legal representation from a professional in this field, it’s easy to overlook key facts, waive important rights, or become entangled in long, frustrating legal processes.

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