California

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

Prob. §6100, et seq

Operative Facts

1. Declarant must be of sound mind
2. Declarant must be over 18
3. document must be signed by declarant
4. singing of document must be witnessed by 2
5. declaration shall contain substantially same information as form
6. document is operative when declarant in terminal condition as certified in writing by 2 physicians
7. document is not effective while patient is pregnant

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

At least 2 persons present at the same time, witnessing either signing of will or testators acknowledgment and must understand that it is testators will

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid if signature and material provisions are in handwriting of testator; does not need witnesses; must show testamentary intent which can be shown by extrinsic evidence.