What are the current requirements for witnessing a will in California?

Currently, California law generally requires physical presence for valid witnessing. Temporary allowances for remote witnessing during the pandemic have expired, and courts are scrutinizing wills signed with remote attestations made after those orders.

What happens if my will is deemed invalid?

If a will is deemed invalid, the estate falls into probate, which can be lengthy and expensive. Depending on the size of the estate, assets may be distributed according to intestate succession laws, and family disputes are more likely to arise.

Are courts becoming more accepting of remote witnessing

Q: Why is a self-proving affidavit important?

A self-proving affidavit, as outlined in Probate Code § 8220, streamlines the probate process by eliminating the need to locate witnesses years later, saving time and legal fees.

Are courts becoming more accepting of remote witnessing?

Linda stood trembling as the judge dismissed her mother’s will. Years of planning, gone, because one of the witnesses had signed the document via webcam during the height of the COVID-19 pandemic. The court ruled the remote attestation invalid, leaving Linda facing significant probate costs and a protracted legal battle. This scenario, unfortunately, is becoming increasingly common, highlighting the critical importance of proper will execution in California.

Why is Proper Will Execution So Important?

A Temecula estate planning attorney is supervising the witnessed signing of a will alongside qualified third-party witnesses observing the signing in a professional law office discussing: Why is Proper Will Execution So Important

A valid will directs how your assets are distributed after your death, avoiding the complexities of intestate succession (dying without a will). However, a seemingly minor flaw in execution can invalidate the entire document, leading to costly probate litigation and unintended consequences for your loved ones. California law has specific requirements for witnessing, and even seemingly modern conveniences can create problems.

What are the Traditional Witnessing Requirements?

Traditionally, California law requires that a will be signed by the testator (the person making the will) in the presence of two disinterested witnesses. These witnesses must also sign the will themselves, attesting to the testator’s signature. “Presence,” in the legal sense, means both physical presence and the ability to observe the signing. This has always been the standard, but the pandemic forced temporary changes.

How Did COVID-19 Impact Remote Witnessing?

During the peak of the COVID-19 pandemic, Governor Newsom issued executive orders allowing for temporary remote witnessing of wills. This provided a lifeline for many who were unable to gather in person due to health concerns. However, these allowances were temporary. While California allowed temporary remote witnessing during the pandemic, strict adherence to current presence requirements is critical to avoid invalidation.

What is the Current Status of Remote Witnessing in California?

The temporary allowances for remote witnessing have expired. Currently, California law generally requires physical presence for valid witnessing. While there’s been discussion about permanently adopting remote witnessing, no significant changes have been enacted. Courts are increasingly scrutinizing wills signed with remote attestations made after the emergency orders expired, often finding them invalid.

What are the Risks of Improper Execution?

If a will is deemed invalid, the estate falls into probate. If the estate is large enough, this can be a lengthy and expensive process. If the will fails, assets may fall under intestacy, though estates under $208,850 (effective April 1, 2025) might still avoid full probate. Beyond the financial costs, invalidation can also cause significant emotional distress and family disputes.

What about Interested Witnesses?

An “interested witness” is someone who stands to benefit from the will. California Probate Code § 6112 states that a gift to an interested witness is void if the will isn’t signed by at least two other disinterested witnesses. While the will itself often remains valid, any gift to the interested witness is nullified.

What Steps Can I Take to Ensure My Will is Valid?

As an Estate Planning Attorney and CPA in Temecula, California, I strongly advise my clients to adhere to the strict witnessing requirements. This means gathering two disinterested witnesses who are physically present when you sign your will. My CPA license is vital here – I can expertly address potential tax liabilities stemming from asset distribution, ensure proper step-up in basis for inherited property, and mitigate financial risks that arise from improperly executed estate plans. Furthermore, utilizing a self-proving affidavit, as outlined in Probate Code § 8220, streamlines the probate process by eliminating the need to locate witnesses years later.

What about Digital Assets?

Wills also need to address digital assets, such as online accounts and cryptocurrency. Even a validly attested will must grant specific RUFADAA powers to access digital accounts. Failure to do so can leave these assets inaccessible to your beneficiaries.

I recommend consulting with an experienced estate planning attorney to ensure your will is legally sound and accurately reflects your wishes.

Riverside Superior Court – Probate Division

How do you ensure your will survives a legal contest?

Using a beneficiary as a witness is a common “kitchen table” mistake that can have devastating consequences. Under California law, an “interested witness” creates a presumption of duress.

The Presumption: The court assumes the witness coerced the testator.
The Penalty: The witness may lose their entire inheritance to the extent it exceeds their intestate share.
The Fix: Always use disinterested, independent witnesses.

If you want to secure your estate plan, check out our article on avoiding legal pitfalls in will execution to benefit from our experience. The “signing ceremony” is a legal term of art for a reason; it is the moment your wishes become law, and it requires professional oversight to be valid. As a dual-licensed attorney and CPA, I ensure that every document is executed in strict compliance with the California Probate Code. Do not let a procedural mistake destroy your legacy—contact our office today to finalize your plan with confidence.

About Steve Bliss: An estate planning attorney in Temecula

The Law Firm of Steven F. Bliss Esq. is a dedicated legal firm serving Temecula, Riverside County, and the Inland Empire. Led by Steven F. Bliss, the firm offers a unique advantage: Steve is an experienced CPA & Estate Planning Lawyer.

Whether the court requires a formal probate or allows for an unsupervised process, having a skilled attorney is essential to avoid delays. Don’t face the costly and confusing legal process alone—call attorney Steve Bliss today.