Handwritten Wills Are Okay.

A handwritten Will is also called a Holographic Will.  It must be entirely in your own handwriting if you are not using a fill-in-the-blank form available at stationary or office supply stores. These fill-in-the-blank Wills generally comport with California law for a valid handwritten Will.

The basic requirements for a Holographic Will is that:

1. It must be completely in your own handwriting.
2. You must date and sign the Will.
3. Your handwriting has to be legible.
4. And the Will must clearly state what you are leaving and to whom.

A handwritten Will does not have to be notarized or witnessed. However, any typed material in a handwritten Will may invalidate the Will.  In contrast, a typed Will must be signed by two witnesses.

After you pass away, the court will require the personal representative of the estate to "prove" the Will.  This means prove it was your handwriting and that you had testamentary capacity at the time.  See California Probate Code Section 6111.

Remember whether there is or is not a Will, probate is required if the estate is more than $100,000 in assets or $20,000 in real property. A Living Trust or other Trust will usually avoid probate when properly prepared and funded.

In my opinion, a handwritten Will is better than no Will or Trust. Also, if you have minor children, please nominate a guardian in your Will.  As always, seek the advice of an estate planning attorney if you have any questions or concerns.