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Under California probate law, at least two witnesses must sign your will. The witnesses must be present at the same time you, as the testator, sign the will. The witnesses also need to sign a legal affidavit that acknowledges the testators mental capacity when he or she signed the will.
If you die without a valid will, the probate court will distribute your assets in accordance with Californias intestate succession law. Intestate succession law attempts to distribute property roughly based on next of kin, except with respect to out-of-state real estate.
If a beneficiary serves as a witness to the will, the will can be invalidated or the witness can be denied the gifts granted to him or her in the will (so that the will can still be probated), depending on the presiding court.
Who can act as a witness to a Will in California? Under California Probate Code, specifically section 6112(a): Any natural person can act as a witness to a Will. It also states that any person generally competent to be a witness may act as a witness to a will.
While many people assume surviving spouses automatically inherit everything, this is not the case in California. If your deceased spouse dies with a will, their share of community property and their separate property will be distributed according to the terms of that will, with some exceptions.
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In California, oral wills that are not in writing are invalid. A will must be in writing to be considered legally valid. The testator, or person making the will, does not need to write or type the will himself or herself. The will can be typed or hand-written.
Whether you are married, single, have minor children or own even a nominal amount of personal assets or property, you should have a will. In fact, every eligible adult should have a will or other means to control the disposition of his or her assets.
Also, California Wills are NEVER docHubd. Notarizing a Will means nothing in terms of validating it. You must have two witnesses sign the Will, and thats all you need. A docHubd Will does not help in any way, so save your money and skip the notary.
If I have a will, does my spouse need one? The answer is yes everyone should have a will! If youre married, you and your spouse can have separate (or joint) wills that you sign yourselves. This way, if something were to happen to one of you, theres no room for ambiguity or confusion.
These factors include, but are not limited to, circumstances where the Will may have been forged, whether the testator lacked mental capacity to understand their actions not only when writing the Will but in also signing it, whether the testator has been manipulated, pressured or even coerced in to signing a Will,

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