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Nondomiciliary FAQ
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While the digital world has made monumental strides, California requires a physical will and cannot accept digital-only versions. The will must be typed or printed in person and bear the signatures of the testator and two witnesses, making it legally valid.
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The will must be in writing. The will must be signed in front of two witnesses and a legally authorized person (an attorney is fine). A certificate in the exact form of California Probate Code section 6384 must be signed, dated, and attached to the will. The will must be for only one person.
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A: A will can only be invalidated in California if the original creator of the will declares that the original will is null and void. This can be done in writing when a new will is created. Any new documents must clearly state that the previous will is invalid.
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Witkin is a summary of California law, divided into 22 specific chapters. It includes, for each topic, an introduction and overview of the applicable law, with citations to relevant cases, statutes, and sometimes other relevant secondary sources.
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In California, you don't need to have your will notarized to make it valid. In most states, you can use a notary to make your will self-proving. When a will is self-proving, the court can accept your will without needing to contact your witnesses to validate it. This can speed up the probate process.
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Undue influence or fraud A will that was executed under undue influence, coercion or fraud will be invalidated by a court.
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Q: What Are the Requirements for a Will to Be Valid in California? A: The will must be written or typed, signed and dated by the testator, signed by two witnesses, and it must clearly state beneficiaries. Oral wills are not considered valid.
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