Answer FileEstate Planning

Is a handwritten will valid in California?

The answer, cited

Yes. Under Probate Code section 6111, a holographic will is valid in California without witnesses or notarization if the signature and material provisions, who gets what, are in the testator's own handwriting. Undated holographic wills risk trouble if they conflict with another will, and the formal witnessed alternative is governed by section 6110.

Yes: California recognizes holographic wills. Under Probate Code section 6111, a will is valid without any witnesses if the signature and the material provisions, who gets what, are in the testator's own handwriting. No notarization is required (notarization alone, in fact, does not validate any will). An undated holographic will risks trouble if it conflicts with another will or if capacity at the time of writing is questioned. The formal alternative, section 6110, requires a writing signed by the testator and witnessed by two people present at the same time who understand the document is a will; since 2009, a defectively witnessed will can still be admitted on clear and convincing evidence the decedent intended it as a will. California also publishes a fill-in-the-blank statutory will (section 6240). Handwritten wills settle simple situations, but they cannot name guardians cleanly, create trusts reliably, or address tax planning, and ambiguity in home-drafted documents is a steady source of probate litigation.

Authority: Cal. Prob. Code § 6111

Source: Cal. Prob. Code § 6111 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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