In California, a valid will must be in writing, signed by someone 18 or older who is of sound mind, and signed by two witnesses who watch the signing or hear you acknowledge it. California is also one of the few states that accepts a will written entirely in your own handwriting, with no witnesses required at all.
That flexibility is part of why so many Californians put off getting a will done properly. The rules themselves are short, but a small mistake, like using a beneficiary as your only witness, can create real headaches for your family later. This guide walks through what California law actually requires, in plain English, along with the steps to get it done correctly.
For a broader look at planning in the state beyond the will itself, see our full California estate planning guide.
California's Legal Requirements for a Will
California's rules for a valid will come from the state's Probate Code. Here's what matters most if you're writing or reviewing one.
Who Can Make a Will in California
Under California Probate Code Section 6100, you must be at least 18 years old and of sound mind to make a valid will. Sound mind generally means you understand that you're creating a document that distributes your property, you have a general sense of what you own, and you recognize the people who would normally expect to inherit from you, such as a spouse or children.
Signing and Witness Rules
California requires a will to be in writing and signed by you, or by someone else acting in your presence and at your direction if you're physically unable to sign. Under Probate Code Section 6110, you also need two witnesses who are present at the same time, watch you sign (or hear you acknowledge the signature), and understand that what they're signing is your will. Witnesses don't have to be notaries or professionals, just adults who aren't named as beneficiaries. California doesn't automatically void a will if a beneficiary signs as a witness, but it can void that witness's own inheritance under the document, so it's simpler to choose two people who have nothing to gain.
Handwritten (Holographic) Wills in California
California recognizes a holographic will, meaning a will written entirely in your own handwriting. Under Probate Code Section 6111, a holographic will is valid without any witnesses, as long as the signature and the material provisions (who gets what) are in your own handwriting. Dating it matters: if a court can't tell whether a holographic will or a different document controls, an undated will can lose out on the conflicting parts. A handwritten will is better than nothing, but it's also easier to challenge, since there's no witness available to confirm your state of mind at signing. For more on the tradeoffs, see our guide on what to watch out for with a handwritten will.
Does a California Will Need to Be Notarized?
No. California doesn't require notarization for a will to be valid, and it doesn't use the standard notarized "self-proving affidavit" that many other states attach at signing. Instead, courts can accept a witness's sworn statement as proof the will was executed properly, which can speed up probate without that witness needing to appear in person. To understand how self-proving works in states that use it, and whether it's worth building into your plan, see our guide to self-proving wills.
How to Make a Will in California, Step by Step
Once you understand the legal requirements, the actual process is mostly organizational. Here's the order that tends to work best.
- List your assets and debts. Real estate, bank and investment accounts, vehicles, and anything else of value. You don't need exact figures, just a clear picture of what you own.
- Decide who inherits what. You can leave specific items to specific people, or divide your estate by percentage. Be as clear as you can to avoid confusion later.
- Choose an executor. This is the person who carries out your instructions. Name a backup in case your first choice can't serve.
- Name a guardian for minor children, if you have any, and talk to that person beforehand so they know what you're asking.
- Add a residuary clause covering anything you didn't specifically mention, so nothing is left in limbo.
- Draft the document, stating clearly that it's your will and that it revokes any prior wills.
- Sign in front of two witnesses who watch you sign, or hear you acknowledge your signature, and who then sign the document themselves.
- Store the original somewhere safe and make sure your executor knows exactly where to find it.
- Revisit it after major changes, like a marriage, divorce, new child, or move out of state.
Mistakes That Can Get a California Will Thrown Out
- Using a beneficiary as one of your two witnesses, which can cost that person their inheritance under the will.
- Writing a holographic will with no date, which can create real problems if it conflicts with an earlier document.
- Signing without both witnesses present at the same time, rather than at separate moments.
- Storing the only copy somewhere no one else can access, like a safe deposit box your executor can't reach quickly.
- Leaving out a residuary clause, so newly acquired property has no clear destination.
Frequently Asked Questions
Do I need a lawyer to make a will in California?
Not for a straightforward estate. California law doesn't require an attorney to draft or witness a will. That said, if you own property in multiple states, run a business, or have a blended family with complicated dynamics, consider speaking with an attorney to make sure your plan holds up the way you intend.
Can I write my own will in California?
Yes. You can type it or write it by hand, as long as it meets the signing and witness rules above, or qualifies as a valid holographic will. Many people use a guided service like FastWill to make sure nothing gets missed.
What happens if I die without a will in California?
Your estate passes according to California's intestacy laws, which follow a fixed order of relatives regardless of what you actually wanted. Your property would also typically go through the probate process, which can take longer and cost more than a case involving a clear, valid will.
Can my spouse or a beneficiary be a witness to my will?
They can, but it's not a good idea. California law allows an "interested" witness to sign, but doing so can void that person's own gift under the will unless there are at least two other, disinterested witnesses. It's simpler to ask two people who don't inherit anything.
How do I update or revoke a California will?
You can revoke a will by physically destroying it, or by executing a new will that states it replaces prior versions. A codicil, a short signed and witnessed amendment, can handle small changes, but for anything significant, a fresh document is usually cleaner.
Getting a will right in California isn't complicated, but the details (witnesses, handwriting, dating) are exactly where DIY plans tend to go wrong. FastWill's guided Will Package walks you through each requirement step by step, so the document you end up with is one that actually holds up when your family needs it.
