You can legally write your own will in California without a lawyer if you are 18 or older, of sound mind, put it in writing, and sign it in front of two witnesses who are not beneficiaries. California also recognizes fully handwritten, or holographic, wills without witnesses.
Making a DIY will is a realistic option for straightforward California estates. FastWill's will package can walk you through the state's specific requirements so you meet them the first time.
California's Will Requirements
Under California Probate Code section 6110, a will must be in writing, signed by the testator or by someone else in the testator's presence and at their direction, and witnessed by at least two people who watched the testator sign or acknowledge the will. You also need testamentary capacity, meaning you understand you are creating a legal document that distributes your property and you are acting voluntarily, without anyone else's undue influence.
California Allows Holographic Wills
California is one of the states that recognizes handwritten wills. Under California Probate Code section 6111, a will that does not meet the standard witnessed-will requirements is still valid as a holographic will if the signature and the material provisions are in the testator's own handwriting, whether or not it is witnessed. That said, a typed and properly witnessed will avoids the ambiguity that handwritten documents can create; see our guide on why you should be careful with handwritten wills before relying on this option, and our electronic will guide if you want to compare a fully digital process.
How Small Estates Avoid Probate
California allows a simplified small estate process instead of full probate when the estate falls under a set dollar threshold. For deaths occurring on or after April 1, 2025, that threshold is 208,850 dollars in gross value, according to the California Courts Self-Help Guide, which administers the affidavit procedure under Probate Code sections 13100 and 13101. The figure is adjusted roughly every three years, so confirm the current number directly if your loved one died some time ago and you are relying on an older threshold. The calculation only counts assets that would otherwise pass through probate; property in a fully funded revocable trust, joint tenancy property, and accounts with a named beneficiary are excluded from the total.
What Passes Through Your California Will
Property subject to probate, and therefore controlled by your will, generally includes real estate, bank accounts without a named beneficiary, vehicles, and personal property such as art or jewelry. Assets held in a fully funded trust, accounts with a named beneficiary, retirement accounts with a designated beneficiary, and property owned in joint tenancy typically pass outside your will entirely.
California Is a Community Property State
California treats most property acquired by married couples during the marriage as community property, owned equally by both spouses regardless of whose name is on the title. Under California Family Code section 760, property acquired during the marriage while domiciled in California is presumed to be community property unless a specific exception applies, such as an inheritance or a gift received by only one spouse. This matters for your will because you generally only have the legal authority to leave your half of community property, not your spouse's half, even if the account or asset is titled in your name alone. Separate property, meaning what you owned before the marriage or received individually as a gift or inheritance, is yours to leave to whomever you choose.
Steps to Write a DIY Will in California
- List your assets and decide who should inherit each one.
- Choose an executor, and a backup, to administer your estate.
- Name a guardian for any minor children.
- Draft the will with clear, specific language, and include a residual clause for anything not explicitly mentioned.
- Sign the will in front of two witnesses who are not named as beneficiaries.
- Store the signed original somewhere secure and tell your executor where to find it.
A Common Scenario
Imagine a single homeowner in Sacramento with a house, a modest brokerage account, and no children. She writes her own will, names her sister as beneficiary and executor, and has two coworkers who are not named in the will witness her signature at a coffee shop, then stores the signed original in a fireproof safe at home. When she dies years later, her estate consists of the house and a bank account with no listed beneficiary, both of which fall well above the small estate threshold, so her sister opens a standard probate case using the will as the map for who gets what and who is in charge. Because the will was properly signed and witnessed under California Probate Code section 6110, the court accepts it without a fight.
Common Mistakes to Avoid
- Using a beneficiary as a witness. California law allows it in limited circumstances, but it can create a presumption of undue influence that is easier to avoid entirely by choosing disinterested witnesses.
- Forgetting a residual clause. Without a catch-all provision for assets not specifically listed, anything you missed can end up distributed under California's intestacy rules instead of your own wishes.
- Treating a holographic will as a first choice. A handwritten will can work in a pinch, but ambiguous handwriting or unclear intent is exactly the kind of thing that invites a will contest.
- Not accounting for community property. Leaving your spouse's half of a community property asset to someone else in your will does not actually transfer it, since you never had the authority to give it away in the first place.
How FastWill Handles California's Rules
FastWill's will package is built around the witnessing and signing requirements each state actually uses, so a California resident is walked through the two-witness rule, prompted to include a residual clause, and reminded to keep the signed original somewhere the executor can find it. It will not draft a holographic will for you, since a typed and witnessed document is the more reliable format, but it will flag community property considerations where relevant to your situation.
Frequently Asked Questions
Do I need witnesses for a California will?
Yes, for a standard will you need at least two witnesses who are not beneficiaries. A holographic, fully handwritten will does not require witnesses if the signature and key terms are in your own handwriting.
Can my witnesses also be beneficiaries in California?
It is best to avoid this. Using witnesses who do not stand to inherit under the will helps prevent later disputes over undue influence.
What assets are not controlled by my California will?
Assets in a fully funded trust, accounts with a named beneficiary, retirement accounts, and property held in joint tenancy generally pass outside your will.
Is my DIY will valid if I move out of California?
Review it against your new state's requirements. Witnessing and execution rules vary from state to state, so a move can affect whether your will still meets the legal standard.
Do I need to notarize my California will?
No, notarization is not required for validity, though a self-proving affidavit can make probate faster for your family.
Make Your California Will With Confidence
California's rules are clear once you know them. Build your DIY will in California with FastWill and meet the state's requirements the first time.
