Are Online Wills Legal In California?

In today’s digital age, creating an online will has become a convenient option for many Californians looking to outline their final wishes. However, it’s essential to understand the legal requirements to ensure that such a will is valid in the state of California.

Legal Requirements for Wills in California

California law stipulates specific criteria for a will to be considered valid:

1. Age and Mental Capacity:

The person creating the will (known as the testator) must be at least 18 years old and of sound mind. 

2. Written Document:

The will must be in writing. While you can draft the document using online platforms or software, California does not currently recognize electronic-only wills. This means that after creating your will online, you must print it out. 

3. Signature:

The printed will must be signed by the testator.

4. Witnesses:

The signing of the will must occur in the presence of two disinterested witnesses. These witnesses should not be beneficiaries of the will to avoid potential conflicts of interest. 

It’s important to note that while some states have adopted laws permitting electronic wills, California requires a physical document with handwritten signatures to be legally binding. 

Steps to Create a Valid Online Will in California

If you choose to use an online platform to draft your will, follow these steps to ensure its validity:

1. Select a Reputable Online Service:

Choose a platform that offers state-specific templates tailored to California’s legal requirements.

2. Draft the Will:

Input all necessary information, including the designation of an executor, beneficiaries, and any specific bequests.

3. Print the Document:

After completing the online form, print the will. Remember, a digital copy alone is not sufficient in California.

4. Sign in the Presence of Witnesses:

Gather two disinterested witnesses and sign the will in their presence. They must also sign the document, acknowledging they witnessed your signature.

5. Store the Will Safely:

Place the original signed document in a secure location and inform your executor or a trusted individual of its whereabouts.

Considerations and Recommendations

While creating an online will can be a cost-effective and straightforward process, it’s crucial to ensure that all legal formalities are observed to avoid potential challenges during probate. Consulting with an estate planning attorney can provide additional peace of mind, especially if your estate is complex or if you have specific wishes that may require professional guidance.

In summary, online wills are legal in California, provided they meet the state’s requirements: a written document, properly signed and witnessed. By adhering to these guidelines, you can effectively utilize online tools to create a valid will that reflects your final wishes.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.