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When subscribing witnesses are deceased can a will be

Customer Question
When subscribing witnesses are...

When subscribing witnesses are deceased can a will be probated in ca

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

Death certificates

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes notice of hearing was published and no one contested

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/20/2018
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
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Lawyer: Loren, Attorney replied 4 months ago

If the attestation clause is in proper form and signed under penalty of perjury, simply filing the original will in court will suffice, as long as the will is not contested.

If the will is contested or has no attestation clause, the law does provide ways to have your will properly admitted.

If the attestation clause is not in proper form or has not been signed under penalty of perjury, the heirs may still be able to "prove up" your will. They can do so by finding people to testify who recognize the handwriting and the handwriting of one of the witnesses. Another valid method is to have one person testify as to the authenticity of the testator's handwriting and someone else, perhaps a secretary or even a lawyer who was present at the time, describe the signing under oath.

So, yes, the will can be admitted to probate if the witnesses are deceased.

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Lawyer: Loren, Attorney replied 4 months ago

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Lawyer: Loren, Attorney replied 3 months ago

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