May 19, 2014 by generationsprobate
Most probate cases involve attested wills or wills where the testator has written a formal “Last Will and Testament,” and signed it together with two witnesses. There are also times where it is impossible for a testator to write a will that follows the format the law prescribes, or find witnesses to attest that he is in fact writing a will. A will written in free form or has no witnesses who attested to it is called a holographic will.
Certain states in the U.S. recognize the validity of holographic wills, while others don’t. California, for example, is one of those states that do recognize that there are certain events that could prevent its citizens from making attested wills. Though valid, however, courts need strong proof that the testator made the holographic will with full conviction.
An executor can find the process of proving the validity of a holographic will quite difficult. Probate attorneys who have extensive knowledge and experience of California Probate Code can help in fulfilling the wishes of testators of holographic wills. Lawyers will call witnesses who can tell the court that the will was in fact written in the testator’s handwriting. They can also call for witnesses who know and can tell of the testator’s true intentions with his estate.
The process of probate is hard enough, but doing it with a holographic will makes it even tougher. Probate lawyers can assist in any way possible to make the process smoother.