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Who Can Be a Witness to a Will? In California, you need two (2) disinterested witnesses to witness your Will. To be a disinterested witness, they must not have a pecuniary interest in the Will.
First of all, unless it is a holographic will, it must be witnessed by two adults. These witnesses must be competent and ideally disinterested to be valid. Furthermore, the signature of a notary public on a will does not take the place of a witness.
Proof of Subscribing Witness (DE-131) A person who signed another persons will (a legal paper that lists a persons wishes about what will happen to his or her property after death) or a codicil (a change to a persons will) uses this to make a sworn statement about that will or codicil.
While the affidavits are necessary in most states where self proving wills may be created, California does not require the creation of an affidavit for each witness to create a self proving will. A signed statement created by each witness and attached to the will is enough.
A subscribing witness is a person who witnesses the signatures on a document and signs it at the end, indicating that such a person has witnessed those signatures. [Last updated in September of 2021 by the Wex Definitions Team]
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