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If my mom who has passed away did a will with 1 witness. Is it valid? If not how is her estate distributed? Dad passed away earlier with no will.
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California law generally requires that a will be signed by two witnesses, but there are exceptions that may allow the will to stand depending on several factors that are used to determine reliability. If the will isn't valid it would be distributed through intestate succession. If she did not remarry her assets would be distributed to her children.
In any event her estate will have to be probated before assets can be distributed. This can be done relatively quickly if it is a small estate and will take a bit longer if she has significant assets in the estate.
Was the witness also a beneficiary of the will?
Please feel free to contact me if you would like assistance with this.
Thanks,Jon
Answered on Jun 12th, 2014 at 4:07 PM