Many websites offer last will and testament services for free or at a minimal cost, but are these online wills legally valid in Northern California? Don’t worry because this question is the main topic of our article.

Generally, there’s no legal issue in creating an online Will. However, we caution against using these tools unless you’re familiar with the fundamental requirements for a valid will. Without meeting the basic requirements, the Will won’t be considered valid.

To help you out, we’ll explain the basic requirements and answer what types of online Wills are legal. We’ll also discuss how you can create an online Will correctly. So, let’s get into the details without any further ado!

Is It Legal To Use Online Wills In Northern California?

Yes, it’s legal to create and use online Wills in Northern California as long as they meet the basic requirements and are printed and properly witnessed. Online Wills that aren’t printed but in PDF or any other format on a laptop will be invalid.

There are also many other requirements that you may need to consider, such as the signatures at the end. Notarization is important as well, but it’s not obligatory in California. However, residents of other states might need to follow this requirement.

To create an online Will, you can use any tool. They typically require you to fill out a form with the necessary details, after which a personalized Will is generated. AI tools like ChatGPT can also assist in drafting a Will; just make sure it aligns with state laws.

Basic Requirements To Meet While Creating Online Will

Here are the most basic requirements that you need to consider while creating an online Will. While these criteria generally apply across all states, you should verify your state’s specific laws for any additional requirements.

• Age: You must be at least 18 years old.
• Mental Condition: You should be of sound mind when creating the Will.
• Witnesses: Signatures from witnesses, in addition to your own, are required.
• Free Will: The Will should be drafted voluntarily, without any pressure.

5 Important Things To Consider While Creating A Will

Now, let’s come to the points that you should consider while creating a Will. These points are extremely important if you want to ensure the Will content is correct and free from any mistake that can cause issues in the future.

1. Assets Information

One of the most common mistakes found in wills made by non-professionals is incorrect information about assets. This type of mistake is extremely dangerous and can easily lead to legal challenges in the future.

Therefore, it’s best to create a list of your assets along with their details and carefully consider who you want to inherit them. Make sure to include accurate information to prevent future problems for the beneficiaries.

2. Nominate Beneficiaries Carefully

Nominating beneficiaries is a vital aspect of creating a will. You can choose anyone from your family, friends, or even a charity organization. However, it’s important to provide clear information about who the beneficiaries are and what assets they will receive.

If you want to transfer a specific percentage of an asset’s value rather than all, make sure to provide information about the percentage of distribution. Clear instructions can make the probate process smoother for both beneficiaries and the executor.

3. Choose Two Executors

The job of an executor is to oversee the asset transfer process to the beneficiaries. Many people appoint a single executor, which isn’t a problem, but it would be better to have two or three executors.

Executors can work together and make decisions collaboratively. This approach saves time, as one executor cannot handle all tasks simultaneously, but multiple executors can divide the responsibilities.

4. Children & Pet Custody

Don’t forget to add who you want to be: the guardian of your children. This step is only necessary if the children are minors or mentally unstable to make financial decisions. Adult beneficiaries don’t need guardians as they can make decisions for themselves.

Similarly, it’s also important to specify who will care for your pets after your passing. You can add detailed instructions about how the guardian should care for the pet and leave funds or a specific trust to meet your pet’s needs.

5. Charity, Gift & Funeral Wishes

We also suggest adding information about what you want to give as a charity or gift. You can allocate money or items like jewelry or cars. Just ensure you provide detailed information about the gifts you want to give.

If you want, you can leave funeral wishes for the family. For instance, how you want the memorial and funeral arrangement as well as the instruction about organ donation. This will avoid possible future conflicts in the family.

Final Words

Yes, online Wills are completely legal in Northern California, but they must be in hard copy and meet all legal requirements. Wills saved on a computer in any soft copy format won’t be accepted as valid in the court.

To ensure validity, print out the Will and obtain signatures from both yourself and witnesses. Once signed, it will be considered valid. For further information, contact our Last Will and Testament lawyers to discuss your case.