Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good evening.No, notarization is not a requirement for a valid will in California. You do need at least 2 witnesses to have signed it. These witnesses must be "disinterested", which means they are not only not beneficiaries, but also not named executor. Basically, the will would need two people who are not related to the person who made the will and whose names do not appear in the document. If they have witnessed here it would meet the requirements of the law in California to be admitted. Here is the California law and requirements for a valid will.You will need to make application to probate the will and the probate court has to agree and admit it here.The court may also appoint you personal representative.http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6110-6113It has been my pleasure to assist you this evening.If you have more follow up please just ask.Thanks again.
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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
If you have more follow up please let me know.It has been my pleasure to help you.If you can leave a positive rating it is always appreciated.
Here is lawyer referral to locate a local probate lawyer.You would file to probate the will in the county where she resided.
why do i have to go through probate when her wishes we specific we are talking less than $100,000 no other assets.
This may well qualify for a small estate affidavit.Here is reference to a small estate.
Here is the small estate affidavit.In this situation it is not filed for probate but used to obtain bank accounts and other small assets.
Thanks for the follow up..
Thank you for giving me a peace of mind about this issue