Putting together a valid will can resolve many estate planning needs. A testator with a valid will can select the personal representative who administers their estate or the guardian who might care for their children. They can list their beneficiaries and clarify what assets they should inherit.
Wills are powerful documents that outside parties might try to alter or manipulate. Testators and their family members have to consider the possibility of fraud occurring. They may need to protect against the risk of undue influence.
One of the ways the state helps limit fraudulent activities is by authorizing certain trustworthy individuals to acknowledge people’s identities. A notary public must pass a background check and undergo training to fulfill their duties. They can validate that a person is who they claim to be and that they are in their right mind at the time of a document signing. Do those drafting wills in California need to have a notary public present when they sign the document?
The state does not require the notarization of wills
Contrary to what people might expect, notarization is not necessary for a will to be valid and enforceable. The attorney assisting with the will could provide a notary. The testator could also arrange to have a notary witness them sign the document.
However, a notary’s mark is not necessary for a valid will. Instead, California requires the signature of the testator along with the signatures of at least two witnesses. Typically, the witnesses must be disinterested parties, meaning that they do not stand to inherit anything from the estate. Those witnesses can help affirm the mental state of the testator as well as their identity if there are any questions about the authenticity or validity of the will in the future.
People trying to rush through estate planning, possibly by handling it at home using digital documents, are likely to make mistakes and oversights that could lead to the courts invalidating their documents later. Having the right support when drafting a will and other estate planning documents reduces the likelihood of mistakes that could affect the validity of those documents after a testator dies.
