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Wills • Execution of Wills
WILLS#008
Legal Definition
A will can be admitted to probate in California so long as the will complies with the execution formalities of: (1) California, (2) the state where the will was executed, or (3) the state where the testator was domiciled at the time of execution.
Plain English Explanation
California courts will allow a will to be processed through probate so long as either (a) it is in compliance with California laws; (b) it is in compliance with the laws of the state where it was executed and signed by the dead person; or (c) it is in compliance with the state where the dead person lived when they signed and executed it.
Hypothetical
Hypo 1: Bob lives in the southern tip of Nevada, along the boarder with California and Arizona. One day, while visiting family in Arizona, Bob executes a will that complies with the formalities of Nevada but not with Arizona. A year later, Bob moves to California and dies. Result: California will probate the will. Even though it wasn't in compliance with the laws of the state where it was executed (Arizona), it was in compliance with the laws of the state where Bob was domiciled at the time of the execution (Nevada).
Related Concepts
What are the requirements of a formal attested will?
What is a conditional will and when is it probated?
What is a holographic will and what are its requirements to be valid?
What is an interested witness?
What is probate?
What is the consequence of having an interested witness?
What is the harmless error doctrine and what wills does it apply to?
