Requirements for a Valid Will in California
To be legally valid in California, a will must meet these criteria:
- Testamentary Intent: The document must be intended as the maker's final will.
- Written Form: Must be a physical document (handwritten or typed); oral wills are invalid.
- Signed by Testator: The maker must sign at the end.
- Witnesses: At least two competent adults (18+) must witness the signing or the testator's acknowledgment. Witnesses cannot be beneficiaries. They must sign in the presence of the testator and each other.
- Testamentary Capacity: Testator must be of sound mind, understanding the nature of the act and the extent of their property.
- Age: Testator must be at least 18 years old.
- Anti-Lapse Statute: If a beneficiary predeceases the testator, their share passes to their descendants unless the will states otherwise.
Consulting an attorney is advisable to ensure compliance and accuracy.