How to Create a Will in California
What Is a Will in California?
A legal document that outlines how you want your assets distributed and your affairs handled after you pass away.
In California, this document is officially known as a Last Will and Testament and is governed by California Probate Code §§ 6100–6113.
California Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 2 — Two witnesses must be present at the same time, watch you sign (or acknowledge your signature), and understand that the document is your will. Witnesses should not be beneficiaries. |
| Notarization | Not required — California does not require notarization for a will to be valid. However, a notarized self-proving affidavit can simplify probate. |
| Self-Proving Affidavit | Available — A self-proving affidavit (Cal. Prob. Code § 8220) can be attached so witnesses do not need to testify during probate. |
| Holographic (Handwritten) | Allowed — California recognizes holographic (handwritten) wills under Probate Code § 6111. The material provisions and signature must be in the testator's handwriting. No witnesses are required. |
| Governing Statute | California Probate Code §§ 6100–6113 |
How to Create a Will in California: Step by Step
- 1
Determine your assets and beneficiaries
List all your property, bank accounts, investments, and personal belongings. Decide who should receive each asset.
- 2
Choose an executor
Select a trusted person to carry out your wishes. In California, this person is called a 'personal representative.' They must be at least 18 and of sound mind.
- 3
Name guardians for minor children
If you have children under 18, designate a guardian. California courts give strong weight to the parent's written choice.
- 4
Draft your will
Write your will clearly stating your wishes. Include your full legal name, a declaration that this is your will, and that you revoke all prior wills.
- 5
Sign in front of two witnesses
Sign your will in the presence of two witnesses who are present at the same time. Witnesses should be at least 18 and ideally not beneficiaries.
- 6
Consider a self-proving affidavit
Have your witnesses sign a notarized affidavit confirming they witnessed your signature. This avoids requiring their testimony during probate.
- 7
Store your will safely
Keep the original in a fireproof safe or with the Los Angeles Superior Court's will depository. Inform your executor of its location.
Will Costs in California
What you can expect to pay for a will in California, depending on how you create it.
Common Mistakes When Creating a Will in California
Not accounting for community property
California is a community property state. You can only will away your half of community property. Forgetting this can lead to legal challenges from a surviving spouse.
Using beneficiaries as witnesses
While it doesn't invalidate the will, a beneficiary who serves as a witness may lose their inheritance under Cal. Prob. Code § 6112 unless there are two other disinterested witnesses.
Failing to update after major life events
Marriage, divorce, or the birth of a child can change how your estate is distributed under California law, even if your will says otherwise.
California-Specific Considerations
- •California is a community property state — assets acquired during marriage are generally owned 50/50 by both spouses.
- •The small estate threshold is $184,500 (adjusted periodically for inflation). Estates below this amount can use a simplified affidavit process instead of full probate.
- •California does not recognize oral (nuncupative) wills.
- •Digital assets can be addressed in your will under the Revised Uniform Fiduciary Access to Digital Assets Act (Cal. Prob. Code § 870).
Create Your Will for California
Use our guided will generator to create a legally valid will tailored to your state's requirements.
Create Your WillFrequently Asked Questions About Will in California
- Do I need a lawyer to make a will in California?
- No. California law does not require an attorney to create a valid will. However, for complex estates — especially those involving business interests, blended families, or significant assets — consulting an attorney can help avoid costly mistakes.
- Can I disinherit my spouse in California?
- You cannot disinherit your spouse from their share of community property. However, you can will away your separate property and your half of community property to anyone you choose.
- How do I change my will in California?
- You can modify your will by creating a codicil (a formal amendment) or by drafting a new will that explicitly revokes the old one. Both must meet the same signing and witness requirements as the original will.
- What happens if I die without a will in California?
- Your estate will be distributed according to California's intestacy laws (Prob. Code § 6400). Generally, your spouse and children inherit first. If you have no surviving relatives, your estate goes to the state.
- Is a handwritten will valid in California?
- Yes. California recognizes holographic wills as long as the material provisions and signature are in your own handwriting. No witnesses are needed, but a typed or printed holographic will is not valid.