Creating a will online can seem like an easy way to put your wishes in writing. With a few clicks, you may be able to name beneficiaries, choose an executor and print a document without meeting with a lawyer. But having a document that looks like a will does not always mean a California court will accept it.
California law sets specific rules for creating and signing a valid will. If an online do-it-yourself (DIY) will fails to meet those requirements, your family could face disputes or problems during probate. Knowing where these documents can fall short may help you make more informed estate planning decisions.
When can a DIY will cause problems?
California recognizes different types of wills, including formal witnessed wills and handwritten wills known as holographic wills. Each type has its own requirements.
For a standard written will, California generally requires the person making the will to sign it and have at least two witnesses sign it. The witnesses must meet certain legal requirements as well.
An online template may provide the right wording but cannot ensure that the signing process follows California law. For example, simply printing a template and signing it without the required witnesses could create questions about whether the document is valid.
What can happen if the will fails?
A will that does not meet California requirements may create complications when your estate goes through probate. Potential issues can include:
- Family disputes over whether the document reflects your wishes
- Probate delays while the court addresses questions about validity
- Unexpected inheritance results if the court cannot enforce certain provisions
- Higher legal costs when relatives challenge the document
These problems can become more serious when a DIY will involves a home, significant assets, minor children or a blended family. Reviewing the document with an estate planning lawyer can help identify potential issues before they affect your loved ones.
Putting your wishes on solid ground
An online will may offer convenience, but convenience does not guarantee that the document will hold up in a California courtroom. Taking California’s signing requirements, your specific assets and your family situation into account can help create an estate plan that better reflects your wishes.