When creating a will in California, proper witnessing is essential to ensure its validity. Many people wonder whether they can hire a paid witness to fulfill this requirement. The short answer is yes, but there are specific legal guidelines that must be followed to ensure the will is legally binding and enforceable.
Witness Requirements for a Will in California
Under California Probate Code Section 6110, a will is considered valid if:
It is signed by the testator (the person making the will).
It is signed by at least two witnesses, who are present at the same time and witness either the testator’s signing or acknowledgment of the signature.
Who Can Serve as a Witness?
A witness to a will in California must:
Be at least 18 years old.
Be of sound mind and capable of understanding the act of witnessing a will.
Not be a beneficiary of the will (to avoid potential conflicts of interest under California Probate Code Section 6112).
Can You Hire a Paid Witness?
Yes, hiring a paid witness is permissible in California, provided the witness meets the legal requirements. Many individuals seek professional witnesses to ensure the will execution is properly documented. Here are some options for hiring a witness:
1. Professional Witness Services
Some notary publics and legal professionals offer witness services for wills.
Estate planning attorneys often provide witness services as part of their will preparation process.
Some companies specialize in professional witnessing for legal documents.
2. Notary Public as a Witness
While a notary public can act as a witness, notarization is not required for a will to be valid in California.
If you need extra assurance, a notary can witness the signing but should not serve as the sole witness.
3. Estate Planning Attorneys and Paralegals
Many estate attorneys provide witnessing services as part of their package.
Paralegals may also offer witnessing, particularly if they work in an estate planning firm.
4. Senior Centers and Legal Aid Organizations
Some community legal aid groups provide free or low-cost witnessing services for seniors and low-income individuals.
Senior centers often have legal professionals who can assist with witnessing requirements.
How Much Does a Paid Witness Cost?
The cost of hiring a paid witness varies depending on location and service provider. On average:
Notary public witness fees: $10 to $50 per signature.
Professional witness services: $50 to $200, depending on travel and time.
Attorney-provided witnessing: Often included in estate planning fees.
Best Practices for Hiring a Witness
Ensure that the witnesses are unbiased and disinterested (i.e., not beneficiaries or involved in the will).
Choose witnesses who are credible and reliable in case the will’s validity is later challenged.
Consider having the witnesses sign a self-proving affidavit to simplify the probate process.
Final Thoughts
While hiring a paid witness for a will in California is allowed, it is crucial to comply with the state’s witnessing requirements. Whether you choose a notary, estate planning attorney, or professional witness service, ensuring that your will is properly executed will prevent legal disputes and ensure your final wishes are honored. If you have any doubts, consulting with an estate planning attorney is the best way to guarantee a legally sound will.
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.
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