What to do if my father recently died and left a Will that has 2 witnesses but is not notarized?

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What to do if my father recently died and left a Will that has 2 witnesses but is not notarized?

His only assets are his car valued under $8,000 and a few hundred dollars in the bank. Is probate necessary? Where do I begin?

Asked on September 16, 2015 under Estate Planning, California

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 6 years ago | Contributor

A valid formal will in California requires that testator the creator of the will sign the will in the presence of two witnesses.  A formal will should not be notarized.  
A probate estate of $150,000 or less does not have to go through formal probate.  You can simply execute a Cal Probate Code 13100 affidavit to transfer money and other tangible personal property to the decedent's heirs.  Also, the DMV has forms to simply transfer the decedent's vehicle to his or her heirs. You can get the DMV forms online.   I am sorry to hear about you loss.  


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