DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS 7000-12591›PART 2. OPENING ESTATE ADMINISTRATION 8000-8577›CHAPTER 3. Probate of Will 8200-8272›ARTICLE 2. Proof of Will 8220-8226
§ 8221
California Probate Code · 2018-11 edition · updated 2026-10-04 · California
If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may, if the will on its face conforms to all requirements of law, permit proof of the will by proof of the handwriting of the testator and one of the following:
(a) Proof of the handwriting of any one subscribing witness.
(b) Receipt in evidence of one of the following documents reciting facts showing due execution of the will:
(1) A writing in the will bearing the signatures of all subscribing witnesses.
(2) An affidavit of a person with personal knowledge of the circumstances of the execution.
(Enacted by Stats. 1990, Ch. 79.)
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