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You decide not to file his will. The laws of intestate succession allow you to inherit your father's entire estate. In this instance, a failure to file the will would expose you to criminal liability.
Does a Will Have to Be Probated in California? A will must be filed with the court in California in the county where the deceased person lived. The court will use the will to determine if probate is necessary and to ensure the decedent's wishes are followed for the dispersal of the estate.
Steps to Create a Will in California Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
A handwritten will is also known as a \u201cholographic\u201d will in California. Under California Probate Code Section 6111, a handwritten will may be valid in California if the signature and \u201cmaterial provisions\u201d of the will are in the handwriting of the person making the will.
As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.
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The short answer is: no. A will is a legal document, which lists down how a person called a \u201ctestator\u201d would like his assets to be distributed after his death. A will also mentions the name of the executor of the will.
Also, California Wills are NEVER notarized. Notarizing a Will means nothing in terms of validating it. You must have two witnesses sign the Will, and that's all you need. A notarized Will does not help in any way, so save your money and skip the notary.
You can make your own will in California, using Nolo's do-it-yourself online will or will software. You may, however, want to consult a lawyer in some situations; for example, if you suspect your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
Here are the requirements to make a valid will in California: You must be at least 18 years old. You must be of sound mind and memory. ... You must make your will freely and voluntarily. ... Your will must be in writing, meaning it exists in a physical form.
With regard to formal requirements: (1) Under California Probate Code § 6110, a formal will must be in writing and signed by or on behalf of the testator. If the will is signed by someone other than the testator, it must be signed in the testator's presence and at the testator's direction.

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