Is a notarized letter equivalent to a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a notarized letter equivalent to a Will?
My Dad passed away without a Will, however I found a notarized letter stating his wishes for his property.
Asked on July 13, 2011 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under CA law, a person can make a Will in several ways, one of which is called a "holographic Will". This Will is handwritten. It is valid so long as all of the material provisions of the Will are writtenin the hand of the testator (i.e. the person making the Will) and the Will is dated and signed by the testator. A handwritten Will need not follow the same formalities as a more formal Will, so it need to be witnessed. In fact it doesn't even need to be notarized.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.