Grass Valley, CA asked in Probate for California

Q: My mother's will was type written and signed along with two witnesses signed in October of 1989. Is this self-proving?

She also had an Official California Notorial Certificate Acknowledgement to prove her to be the signer of the will in front of a notary public on June 6, 2007

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1 Lawyer Answer
James Edward Berge
James Edward Berge
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Self-proving means the attestation clause (which recites that the witnesses were in the presence of the testator and saw the testator sign the Will and saw each other sign as witnesses and the testator appeared to be competent) must be signed by both witnesses under penalty of perjury. It does no good to sign a Will in the presence of a notary. If the magic words "under penalty of perjury" are right before the witness signatures, it's not self-proving and you'll need to locate at least 1 of the witnesses to have them "prove" it by a California Judicial Council Form.

Nina Whitehurst agrees with this answer

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