Want to make sure your wishes are respected after you’re gone? In California, creating a valid will is key – and it’s not as complicated as you might think! We’ll cover how you can get started with an online will in California (with a few important caveats). Let’s dive into the must-knows, from signatures and witnesses to the surprising fact that you don’t necessarily need a lawyer. (But why you may want to consider a lawyer anyway). Let’s dive in!
What are the requirements for a valid will in California?
The requirements for a valid will in California are laid out in Cal. Prob. Code § 6110. There, the legislature has laid out the rules you will need to follow in order to create an enforceable will. Here’s what to know:
- The will must be in writing (no verbal or oral wills)
- There should be a date on the agreement to avoid any confusion if there are multiple iterations of the will created
- The will must be signed at the bottom of the document
- The will must be witnessed by two disinterested witnesses who watch the person sign it
- The person signing the will must be 18+ or emancipated.
- The will must be signed physically. While it can be created digitally, it still must be printed out and signed in handwritten form.
Who may witness a California will?
Wills generally must be witnessed by two adults who are not getting anything out of the will (they call these “disinterested witnesses”). The witnesses must also be of sound mind, be present when the person is signing the will or acknowledging the will, and understand that what the person is signing is, in fact, a will. (Cal. Prob. Code § 6110, 6112).
California law also carves out an exception for “harmless error” wills that may have been accidentally witnessed wrong. The law says this will that was witnessed incorrectly may still be valid if there’s strong evidence to show the person’s intent was to make the will. (Cal. Prob. Code § 6110(c)(2)).
Witnesses are required for a valid will unless it is a holographic will (a.k.a., a “handwritten” will). However, there are other requirements for holographic wills outside of witnesses, including the true handwriting and signature of the person’s will, as well as the date it was signed. Note: The best practice is to have witnesses, the law carves out an exception to this for holographic wills in urgent situations where someone needs to write out their wishes ASAP before they…well…die.
Can you get a will online in California?
You can get an online will in California as long as you print it out and physically sign it. What that means is you can type up and generate your will with an online tool or by yourself (as long as you know and follow the legal requirements). However, you’ll need to actually print out the document and sign it with your own handwriting in front of two disinterested witnesses. Some states allow you to create a truly 100% online will, i.e., sign it and store it digitally. That is not the case for California–it must be signed in person.
How to create an online will in California
California law does not prohibit the use of online platforms or other software to create your will. In fact, CA law explicitly mentions that “commercially printed form wills” are acceptable in Cal. Prob. Code § 6111. However, there’s a catch: while you can generate the document online, you must print it out and sign it with your own handwritten signature in the presence of two disinterested witnesses. Think of it as using the internet for the heavy lifting of formatting and legal wording but good old-fashioned pen and paper to make it official.
Here’s a simple breakdown of creating a will online in the Golden State:
- Choose a reputable online platform or software: Look for well-established providers with good reviews and clear legal guidance.
- Answer the questions: The platform will generally guide you through a series of questions about your assets, beneficiaries, and wishes.
- Review your will: Carefully read the generated document to ensure it accurately reflects your intentions.
- Print it out: This is crucial! California law requires a physical, signed copy.
- Gather your two disinterested witnesses: Find two adults of sound mind who are not beneficiaries of your will.
- Sign in the presence of your witnesses: Make sure they watch you sign and then watch them sign it themselves, too.
- Notarize if desired: You can choose to get the will notarized as an extra layer of added protection, though it is not a requirement.
- Save copies: Store several copies somewhere, like a safe. You may also want to upload them digitally.
- Review regularly: Don’t forget to review your will regularly to make sure it still reflects your wishes, as it is a legally binding document and must be amended properly to make changes.
Do you need a lawyer for a valid will in California?
Interestingly, California law doesn’t mandate that you have an attorney formally prepare your will. The state statutes outlining will requirements (Cal. Prob. Code §§ 6110, 6111) don’t include legal representation as a necessity. This stems from a public policy favoring individual autonomy in estate planning, allowing people to create their own wills, even without legal assistance. This includes the option of creating a holographic will (holographic is a fancy word for “handwritten will”).
However, while not mandatory, seeking legal counsel for will preparation is highly advisable. An attorney can provide valuable guidance on best practices, ensure the will’s validity, and tailor it to your specific circumstances and asset distribution wishes.
Do I need to notarize my will?
No, it’s not a requirement to notarize your will under California statutes Cal. Prob. Code § 6110 and § 6111. However, getting your will notarized can be an excellent added level of protection to your document should its validity ever be questioned in probate court. To get a will notarized, you’ll be required to sign the document along with your two disinterested witnesses in front of a Notary Public. They verify your identity and your witnesses’ identities and confirm that you know what you are signing.
The bottom line on California online wills
You can use online platforms to generate or create a will; however, you will still have to print out your will and sign it physically, as required by California law. Remember, your will must be witnessed by two disinterested witnesses (they must watch you sign it). Don’t forget to date the agreement and place your signature at the end of the document.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
0 Comments