Inheritance & Testate/Intestate Succession

If a family member dies without a will or the will appears to be invalid, you need an experienced attorney to help you take the matter to court. Our attorneys can help you assert and enforce your rights.

In California, the formal requirements for a valid will are that the person creating the will (testator) is 18 years old or older and of sound mind at the time of signing the will. If the testator is incapacitated or illiterate, they can direct someone else to sign their will in the presence of unbiased witnesses—each of whom do not stand to inherit or benefit from the will.

There are three types of valid wills in California:

1. A holographic will is handwritten by the testator. It must be dated and signed, but does not have to be witnessed or notarized in order to be valid.
2. A will form is a fill-in-the-blanks will designed for people with modest estates. The State Bar of California offers a downloadable version.
3. A will prepared by a lawyer is valid when it is signed in the presence of at least two unbiased witnesses—people who do not stand to inherit and are not beneficiaries under the will.

If a family member died without a will or if you doubt the veracity of a will, speak to an attorney at the Biegel Law Office. We can help you assert your legal rights in a court of law.