Updated: Dec 22, 2021
A Guide To Statutory And Holographic Wills In California
A simple Will is an example of something you can do without the assistance of a lawyer. Don't confuse this with a Trust or an overall estate plan; those require a deeper understanding of Trust and Will law, tax law, property transfers, and practical expertise in avoiding tragedy.
It's not a problem if all you want is a simple Will that leaves your possessions to your children or named heirs. Here's a quick guide to drafting your own Will, as often handled by our Pasadena Estate Administration Attorneys in California.
2 Types Of Wills You Can Write By Yourself
Fortunately, any way a will is put to paper doesn't really matter. This means it can be typed or handwritten, depending on the necessity and the available resources you have at the time of its writing.
The two ways to do so are the following:
1. Statutory Will
If you want to use the California statutory Will (or any other typed Will instead of a handwritten one), you must sign it in front of two witnesses, and the two witnesses must likewise sign.
In California, a written (or computer-generated) Will cannot be admitted to probate unless it is witnessed by two people. There are a few exceptions, but it generally places the burden on the heirs to prove the validity of the Will. So again, the best way is to ask two witnesses to avoid problems in the future.
Also, notarizing a Will has no bearing on its validity. All that is required is for two witnesses to sign the Will. Therefore, a notarized Will is useless, so save your money and forego the notary.
That said, if you're confused about how to fill up the form, you might want t