Options available for estate planning have expanded significantly in recent years, largely due to the widespread use of electronics and the internet. People can now quickly research probate laws and even look for digital templates for critical documents. In some cases, they might want to create digital or electronic wills. A digital document may seem convenient, as it does not make a physical appointment with an attorney necessary.
Can testators creating or modifying wills in California use digital or electronic documents instead of physical paper documents?
California does not yet recognize digital wills
Some states have adopted statutes that allow for the creation of digital or electronic wills. These laws often contain specific rules regarding the signing process and the verification of the testator’s identity.
California state lawmakers have attempted to adopt a digital will statute, but so far, acts submitted for that purpose have yet to pass the legislature. As such, digital wills do not generally serve their intended testamentary purpose during California probate proceedings.
People who want to create wills or update their existing documents must still have physical, printed wills for their testamentary instruments to be valid after their passing. Digital documents, video footage and audio recordings generally cannot serve as testamentary instruments for a California estate.
Digital copies of wills could be helpful for communicating with beneficiaries and family members about legacy intentions, but testators generally need to ensure that they have an official physical copy of the document as well. Working with a lawyer to draft a will can help to ensure that a document meets all state requirements and achieves the goals set by a testator.
