Wills by state
How to Make a Will in California
What California law requires for a valid will, how signing works, and the details that trip people up — in plain English.
California will requirements at a glance
18+
You must be at least 18 and of sound mind.
2 witnesses
Two adult witnesses must watch you sign (or acknowledge) your will and sign it themselves. Witnesses generally should not be people who inherit under the will.
Not required for validity
A notary is not what makes the will valid — but notarizing a self-proving affidavit (below) is strongly recommended.
Built into the attestation
California doesn't use a separate notarized affidavit — the witnesses' attestation, signed under penalty of perjury, lets the court admit the will without testimony (Prob. Code §8220).
Recognized
An unwitnessed will in your own handwriting can be valid — but holographic wills are the most-contested kind. A properly witnessed will is far safer.
Yes
Property acquired during marriage generally belongs to both spouses. Your will controls your half — worth understanding before deciding who gets what.
Signing your will in California
- 1
Put your wishes in writing
Decide who inherits, who serves as your personal representative (executor), and who would care for minor children. Our guided questions walk you through every decision.
- 2
Gather two adult witnesses
Choose adults who don't inherit under the will. You sign (or acknowledge your signature) in front of them; they sign in front of you.
- 3
Store it well and tell your executor
Keep the signed original somewhere safe and findable — a fireproof box at home beats a bank safe-deposit box your family can't open. Tell your executor where it is.
California specifics worth knowing
California uses an attestation signed under penalty of perjury (Probate Code §8220), which makes the will self-proving without a separate notarized affidavit — your witnesses' declarations do the work a notary does elsewhere. California is also a community property state: property acquired during marriage generally belongs to both spouses, which shapes what each spouse's will can give away.
California will FAQs
Does a will need to be notarized in California?
No. In California, a will is made valid by your signature and two witnesses — not by a notary. California doesn't use a separate notarized affidavit — the witnesses' attestation, signed under penalty of perjury, lets the court admit the will without testimony (Prob. Code §8220).
Can I write my own will in California?
Yes. California recognizes holographic (handwritten, unwitnessed) wills, and you can also create a typed, witnessed will yourself — no lawyer is required. That said, holographic wills are the most frequently contested kind. A guided, properly witnessed will costs little and is far harder to challenge.
What happens if I die without a will in California?
Your estate passes under California's intestacy laws — a fixed priority list (usually spouse first, then children, then parents, then siblings). Unmarried partners, stepchildren, friends, and charities receive nothing under these defaults, and the court chooses your estate's administrator and your minor children's guardian without your input.
How much does a will cost in California?
An attorney-drafted will in California typically runs several hundred to a few thousand dollars. With Plan Your After you build your complete estate plan — will, trust, powers of attorney, living will, and HIPAA authorization — free, and pay $149 only when you're ready to finalize and download, including a year of unlimited updates.
This page is general information about California law, not legal advice, and laws change. For advice about your specific situation, consult a licensed California attorney.
California estate planning
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