Saturday, January 25, 2014

When a Will in Los Angeles County is being probated, how does it work when two witnesses sign? Do the witnesses need to be tracked down late...

Question

When a Will in Los Angeles County is being probated, how does it work when two witnesses sign? Do the witnesses need to be tracked down later to verify that that is their signatures once the decedent dies and the Will is being probated/validated? I guess I don't understand why notarization is not required.



Answer

The witnesses will only have to be contacted if the Will does not meet the requirements under the code or there is a Will contest. Otherwise, no need to contact the witnesses.

The law regarding Will requirements is based on old English law.



Answer

Wills do not require a notary. In fact, witnesses are required. Whether they will need to be located depends on the will form and whether it is self proving.



Answer

Because two witnesses are better than one crooked notary.



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