QUESTION
Is an unwitnessed lithographic will valid?
Asked on Jul 06th, 2016 on Estate Planning - California
More details to this question:
A relative left a handwritten will with only his signature. It wasn't notarized and was not witnessed. He died 5 years ago. Is this handwritten will valid or would his death mean he died intestate?
5 ANSWERS
If signed and dated it's valid.
Answered on Aug 03rd, 2016 at 6:57 PM
Estate Planning Law Attorney serving San Diego, CA
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Strazzeri Mancini LLP
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A "holographic" will is a handwritten will and does not have to be witnessed.
Answered on Aug 03rd, 2016 at 6:57 PM
Edwin K. Niles
A will entirely written, dated, and signed by the testator is called a holographic will, and is valid. I don't understand lithographic.
Answered on Aug 03rd, 2016 at 6:57 PM
No, everything on the page, even the date, must be in his own handwriting. A form printed Will has to have 2 witnesses. Notaries are not needed [but could count as a witness I guess].
Answered on Aug 03rd, 2016 at 12:00 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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A hand written will is valid in California to distribute a person's estate via the probate court of the Superior Court in the county of the deceased principal place of residence. Seek legal counsel for review and interpretation and to commence the proceeding to probate the will estate.
Answered on Aug 03rd, 2016 at 11:12 AM