Q: In California can a will which has line for 2 witnesses just be notarized instead of 2 witnesses?
A:
In California, a will generally needs to be signed by the testator and witnessed by two individuals to be valid. The law does not allow notarization to substitute for the two required witnesses. Even if the will is notarized, it may not meet the formal requirements for probate without witnesses.
The witnesses are there to confirm that the testator signed the will willingly and with mental capacity. Without the witnesses, the will might be challenged later, leading to complications.
If the will is handwritten (a "holographic will"), it can be valid without witnesses, as long as it's entirely in the testator's handwriting and signed. However, it's always recommended to follow the standard procedures to avoid any legal disputes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.