Downey, CA asked in Probate for California

Q: My grandma didn't have a will , but she left a personal letter stating her wish. Will the letter stand in court?

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1 Lawyer Answer
Marivel Zialcita
Marivel Zialcita
  • Probate Lawyer
  • Claremont, CA
  • Licensed in California

A: Your grandma left what is called a Holographic Will. California Probate Code Section 6111 lays out the requirements of a handwritten holographic will. Whether or not it was witnessed, it is best if the signature and material provisions are in her handwriting, the court must be able to determine the date of execution and it should be legible. It's also important to note that her mental capacity at the time she wrote the holographic will be important. Testamentary capacity is required for all wills. Good luck!

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