How do I know if someone has made a valid will?

In order for a will to be considered legally valid in California, it must be written and signed by the person who made it, known as the testator, must be declared in front of at least two witnesses, and must be signed by both the witnesses and the testator. The testator must also be at least 18 years of age, and must be of “sound mind and memory.” This means that the testator must have the mental capacity to understand the legal consequences of making a will. In addition, the signing must be done in the presence of the witnesses and the testator must be the only one to sign the document. If the will meets all of these legal requirements, it can be submitted to the court and entered into probate. Probate is the process of registering the will with the court and distributing the estate according to the will’s instructions. During the probate process, the court will assess the will to ensure that it is valid and was created under the authority of the testator. If the court finds that the will has not been created properly or that it does not meet the legal requirements, the will can be rejected. In these cases, the estate will be distributed according to California’s intestate succession laws. Overall, to determine whether someone has made a valid will, you must check to make sure that it was created in accordance with the laws of California, signed by both the testator and the witnesses, and declared in front of two witnesses. Additionally, the court can assess the accuracy and validity of the document during the probate process. If the will is not valid, the court can reject it and the estate will follow the intestate succession laws of California.

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