I need to know if a Notary Public can be a Witness to a Will in the State of California. Can you let me know and if there is any Code that you may know of that provides the information, can you please share it? thank you
A will generally needs more than one witness in every U.S. state that I have ever heard of. The witnesses need not be notaries, however; neither is being a notary a bar to being a witness to a will.
The attached California statutory information, relating to California Probate Code sections 6110-6113 may be helpful. I cannot vouch for its currency, however. Statutes are often read in conjunction with case law in which judges interpret the meaning of various terms. I make no representation as to any applicable case law.
Consult a California lawyer if you need legal advice. This is not legal advice as I do not hold California licensure or practice law there.
Criminal Defense Attorney
You will need twowitnesses. Notary status is irrelevant. I always have three witnesses that are not benficiaries if possible.
You need at least two disinterested witnesses. The mechanics of executing a Will must be strictly followed. A Will can be witnessed by a notary but an acknowledgement is not necessary and an acknowledgement would not substitute for either or both of the required two subscribing witnesses.
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