California Will Laws
Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.
Some key terms to keep in mind:
Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.
State Requirements and Will Type Recognition
Code SectionProb. §6100, et seq
- Declarant must be of sound mind
- Declarant must be over 18
- document must be signed by declarant
- singing of document must be witnessed by 2
- declaration shall contain substantially same information as form
- document is operative when declarant in terminal condition as certified in writing by 2 physicians
- document is not effective while patient is pregnant
Age of Testator18 years or older and of sound mind
Number of Witnesses RequiredAt least 2 persons present at the same time, witnessing either signing of will or testators acknowledgment and must understand that it is testators will
Oral Will RecognitionNot recognized