Is a Will necessary?
UPDATED: Sep 30, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a Will necessary?
I am the sole caregiver for my elderly mother. Her only assets are personal items and home furnishing. Is a will legally required to settle her estate?
Asked on February 13, 2017 under Estate Planning, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First of all, in CA a handwritten or "holographic" Will is legal if its “material provisions” are in the testator’s own handwriting and the is signed by the testator; it need not be notarized. That having been said, in CA there are non-probate procedures and simplied probate procdures which do away with the necessity of a formal probate. It all depends onissues like the amount of money involved, the type of property involved and who is claiming the property. Here is a link to a site that explains further: http://www.courts.ca.gov/8865.htm
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.