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A valid California will needs your signature and two witnesses who are present at the same time — no notary, anywhere in the process. California also accepts handwritten (holographic) wills, publishes a free official fill-in-the-blanks Statutory Will, and is one of the only states with a “harmless error” rule that can rescue an imperfectly witnessed will. Online services prepare a California-specific will for $199–$299. Every rule below cites the Probate Code directly.
The will is the easy document — California probate is the expensive part.
If your wishes are straightforward, an online service like Trust & Will builds a California-specific will with the witness attestation pages ready to sign — done in about an hour.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
California Will Requirements (2026)
Probate Code § 6110 sets the execution rules:
| Requirement | California rule | Statute |
|---|---|---|
| In writing | A physical written document — California does not authorize electronic wills | § 6110(a) |
| Signed | By you; by another person in your presence and at your direction; or by a court-authorized conservator | § 6110(b) |
| Witnessed | Two witnesses, both present at the same time, who watch you sign (or hear you acknowledge the signature) and understand the document is your will. They sign during your lifetime — California, unusually, does not require them to sign in your presence | § 6110(c)(1) |
| Notarized | Never. California uses no notary for wills at all — not even a self-proving affidavit (below) | § 8220 |
Who can make a will: anyone 18 or older and of sound mind (§ 6100). No notarization requirement exists anywhere in the process — a point online searches get wrong constantly.
The harmless-error safety net
California is one of the few states with a statutory forgiveness rule: a will that flunks the witnessing requirements is still valid if the person offering it proves by clear and convincing evidence that you intended the document to be your will (§ 6110(c)(2)). It’s a safety net for botched signings — not a plan. Litigation over “clear and convincing evidence” costs far more than doing the ceremony right the first time.
No self-proving affidavit — and none needed
Most states use a notarized “self-proving affidavit” so witnesses don’t have to testify at probate. California skips the notary entirely: the witnesses’ signed attestation clause — typically a declaration under penalty of perjury — is itself sufficient evidence of execution in an uncontested probate (§ 8220(b)). Any properly drafted California will includes it.
Handwritten (Holographic) Wills Are Valid in California
A will is valid with no witnesses if the signature and the material provisions — who gets what — are in your own handwriting (§ 6111). California is more flexible than most holographic-will states: a date isn’t required, and the statement of testamentary intent can even appear on a commercially printed form with the operative terms handwritten (§ 6111(c)).
The flexibility cuts both ways. An undated holographic will loses automatically if it conflicts with another will and the order can’t be proven, and it invites capacity fights (§ 6111(b)). Handwritten wills remain the most-litigated format in California probate. Treat holographic as the emergency option. Note how differently the coast treats this: Oregon refuses handwritten wills entirely, and in 2025 wrote an express ban on electronic ones into the same statute.
The Free California Statutory Will
California publishes an official Statutory Will — a fill-in-the-blanks form written into the Probate Code itself (§ 6240). It’s free, legally solid, and deliberately rigid: you may only fill in the blanks; adding or crossing out words risks invalidating the gift or the will. The form itself tells you to see a lawyer if your estate exceeds the federal estate-tax exclusion or involves a business, out-of-state property, or disinheritance. For a single person with simple wishes it’s a genuine zero-cost option; most families outgrow its rigid boxes quickly — naming backup guardians, splitting gifts unevenly, or handling blended families is where the form runs out of blanks.
Electronic Wills: Not Legal in California
California does not authorize electronic wills. AB 1667 (2019–20) ordered a feasibility study — nothing more has been enacted, and the Probate Code still requires a signed physical document. An “online will” is legal in California exactly the way it is in most states: the service prepares the document, and you print and sign it with two witnesses present at the same time. (The harmless-error rule has occasionally rescued unconventional documents in court, but no one should plan around litigation.)
Dying Without a Will in California: Who Gets What
California’s community-property intestacy rules (§ 6401) treat the surviving spouse better than Texas or Florida treat theirs — but the separate-property fractions surprise people:
| Property type / situation | What the surviving spouse receives |
|---|---|
| Community property (acquired during marriage) | All of it — the spouse keeps their own half and inherits the decedent’s half (§ 6401(a)–(b)) |
| Separate property — no children, parents, or siblings survive | Everything (§ 6401(c)(1)) |
| Separate property — one child (or that child’s descendants) | One-half; the child takes the rest (§ 6401(c)(2)) |
| Separate property — two or more children | One-third; the children split the rest (§ 6401(c)(3)) |
| No spouse | Children and their descendants, then up the family line (§ 6402) |
The separate-property third is the trap. Inheritances, property owned before marriage, and gifts are separate property — and with two kids, your spouse inherits only a third of it without a will. For anyone who came into the marriage with assets, or received an inheritance during it, intestacy quietly disinherits two-thirds away from the spouse.
What a Will Costs in California
| Route | Typical cost | What you get |
|---|---|---|
| California Statutory Will | $0 | The official fill-in-the-blanks form (§ 6240) — solid but rigid; blanks only |
| Handwritten (holographic) | $0 | Valid with no witnesses — and the most-contested format in probate |
| Online service | $199 individual / $299 couple | California-specific will with witness attestation pages, done in about an hour |
| California attorney | Flat fees vary widely by metro — ask for a quote up front | Custom drafting and counsel; Bay Area and Los Angeles rates run among the highest in the country |
Online pricing verified against Trust & Will’s published rates (August 2026). California’s bar association publishes no fee survey, so we don’t quote attorney figures we can’t source — get two or three flat-fee quotes and compare. See how California compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a California Will Does Not Do
1. A will does not avoid probate — and California probate has statutory fees. A will is your instruction sheet for the probate court. California then pays the attorney and executor each a percentage of the gross estate by statute — on a home that sells for $800,000, that’s tens of thousands of dollars before anyone inherits, regardless of the mortgage. This is why probate avoidance matters more in California than almost anywhere: see what a living trust costs in California.
2. A will does not cover incapacity. It speaks only at death. A complete California plan pairs the will with a durable power of attorney and an advance health care directive — see the five documents every family needs.
3. A will does not override beneficiary designations. Retirement accounts, life insurance, and payable-on-death accounts pass to the named beneficiary no matter what the will says.
Will vs. Trust for California Families
Every California adult needs a will — but in California more than almost any state, the will is the supporting document and the living trust is the star. The reason is arithmetic: statutory probate fees scale with the gross value of what passes through probate, and California home values put ordinary families deep into five-figure fee territory. If you own California real estate, the trust conversation isn’t optional — start with Trust vs. Will: Which Does Your Family Need? and the numbers in our California living trust cost guide. If you rent and your estate is modest, a will plus California’s small-estate procedures may serve you fine.
If the will is the document you need today, Trust & Will’s California package includes the witness attestation pages, guardianship nominations, and healthcare documents — build your California will here.
FAQ
Does a will have to be notarized in California?
No — and unlike most states, California never involves a notary in a will at all. Validity takes two witnesses present at the same time (§ 6110), and the witnesses’ signed attestation replaces the notarized self-proving affidavit other states use (§ 8220).
Are handwritten wills legal in California?
Yes. A holographic will is valid with no witnesses if the signature and the material provisions are in your handwriting (§ 6111). A date isn’t required but omitting one can sink the will in a conflict or capacity dispute.
Is there really a free official California will form?
Yes — the California Statutory Will, published in the Probate Code itself (§ 6240). Fill in the blanks only; altering the printed text risks invalidity. It suits simple situations and runs out of room fast for blended families or uneven gifts.
Can I make an electronic will in California?
No. California studied electronic wills (AB 1667) but never authorized them. Online will services are legal because you print and sign the finished document with two witnesses.
What happens if I die without a will in California?
Your spouse inherits all the community property — but only one-half or one-third of your separate property once children are in the picture (§ 6401). With no spouse, everything runs down the family line starting with your children (§ 6402).
Does a will avoid probate in California?
No — a will goes through probate, where California’s statutory fees take a percentage of the gross estate. Living trusts, beneficiary designations, and the small-estate procedures are the tools that bypass it.
California Statutes Cited on This Page
- Prob. Code § 6100 — who may make a will
- Prob. Code § 6110 — execution, witnesses, harmless error
- Prob. Code § 6111 — holographic wills
- Prob. Code § 6240 — the California Statutory Will
- Prob. Code § 6401 — intestate share of surviving spouse
- Prob. Code § 8220 — proof of will by witness attestation
Update log — August 2026: page created; all statutory requirements verified against the California Probate Code via the Legislature’s official site. Reviewed when California law changes.