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168: Understanding Probate Part 2: What Exactly Is a Will?

Absolute Trust Talk

Release Date: 02/06/2025

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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their deep dive into probate fundamentals by focusing on wills. They clarify what makes a will legally valid, why a handwritten (or “wet ink”) signature is still required, and how witnesses play a key role in safeguarding the document’s authenticity. They also explore the differences between a holographic will and the more formal, witnessed variety. This insightful conversation offers a clearer view of one of the most essential components of the probate process.

 

Time-stamped Show Notes:

0:00 Introduction

1:24 Jessica defines a will as a written, hand-signed document created by the testator.
2:16 Next, Kirsten and Jessica discuss how a testator who cannot physically sign may use a mark or direct someone else to sign on their behalf.
2:36 Did you know just how important witnesses are in validating a will? Also, in California, an ink signature is still required.
3:14 Finally, Kirsten and Jessica explain holographic wills (fully handwritten) versus standard wills (requiring witnesses).