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California: What Happens If a Will Was Not Properly Signed? Probate Consequences Explained

August 13, 2025 5 min read

What happens if a will wasn’t properly signed in California? Answers for someone facing probate

Short answer: Under California law, a will that was not executed according to the statutory formalities may be refused admittance to probate. If the court finds the will invalid, the estate may be distributed under California’s intestacy rules unless another valid will or an alternative legal doctrine applies. This article explains the common outcomes, the statutes on execution, and practical next steps.

Detailed answer

1. What California law requires for a valid will

California Probate Code requires certain formal elements for a will to be valid. At minimum, a valid will generally must be a writing and be signed by the testator (or in the testator’s name by some person in the testator’s conscious presence and by the testator’s direction) and witnessed by two witnesses who sign in the testator’s presence. See California Probate Code § 6110 for the statutory text and details: Prob. Code § 6110.

2. If a will is not properly signed, the probate court may refuse to admit it

If the petitioner asks the court to admit a will to probate but the court finds the will does not meet execution requirements, the court can decline to admit that instrument as the decedent’s will. Refusal can be total (the entire instrument is invalid) or limited (the court admits only parts that meet the law or are provable by other means).

3. Consequences: intestacy distribution and its effects

If the court refuses to admit the will and no other valid will exists, the decedent’s property will pass by intestacy under California law. Intestate succession means California’s statutory distribution scheme controls who inherits and in what share (for example, to a surviving spouse, children, parents, or other relatives). See the intestate succession provisions in the Probate Code for details: Prob. Code § 6400 and following. Intestacy can produce results very different from what the decedent intended, so an improperly executed will can have major consequences.

4. Partial validity, holographic provisions, and alternate ways a court may admit a document

Not every execution defect is fatal. Options the court may consider include:

  • Partial admission: If part of the document qualifies as a valid, separate dispositive writing (for instance, a valid holographic codicil), the court may admit just that portion.
  • Holographic wills: California recognizes holographic wills in certain circumstances when the material provisions and signature are in the testator’s own handwriting. Whether a document qualifies depends on the facts and applicable Probate Code provisions and cases.
  • Harmless error (substantial compliance) doctrine: California law allows admission of an improperly executed will in some cases when convincing evidence shows the decedent intended the writing to be their will despite a formal defect. See Prob. Code § 6110.5 (statutory harmless-error-type provisions) and related case law for details.

5. Lost or destroyed executed wills

If an original executed will was lost or destroyed but a valid copy exists, the court can sometimes admit a copy if there is satisfactory proof the original was executed and was not intentionally revoked. The process requires proof and often a hearing. Rules on proving a lost will are fact-specific and require strong evidence.

6. Common collateral issues if a will is invalid

  • Family disputes and increased litigation costs. Heirs under intestacy may disagree about distribution.
  • Delay in distribution. Extra hearings and contests slow probate and increase fees.
  • Creditor claims and tax consequences. The estate still has obligations that must be handled during probate.

7. What family members or potential beneficiaries can do

Common practical responses include:

  • Ask the probate court to determine validity — petition to admit the instrument and be prepared to present witnesses or other evidence.
  • Seek to admit alternative proof (copies, testimony, or evidence of intent) if the original is missing or improperly executed.
  • Negotiate a family settlement to avoid a prolonged contest.
  • Hire a probate attorney to evaluate the facts and represent your position in court. Probate rules and timelines matter; quick action preserves rights.

Helpful Hints

  • Keep the original will safe and accessible; courts prefer originals.
  • Make sure wills are witnessed exactly as California law requires and consider a self-proving affidavit (notarized) to speed admission to probate.
  • If you find a unsigned or improperly signed draft, do not destroy it—store it and tell an attorney. A draft may still be evidence of intent in some situations.
  • Act quickly after a death. Probate timelines and notice requirements can affect rights to challenge or to be heard.
  • If you are named in a possibly invalid will or are an intestate heir, consult a probate attorney who can explain rights, deadlines, and likely outcomes under California law.

Important disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws change and every case depends on specific facts. For advice about a particular situation, consult a licensed California probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.