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California Last Will and Testament

California requires 2 witnesses for a valid will and recognizes handwritten holographic wills. Make a free California will template online. Attorney review.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the executor (personal representative) who will administer your estate. It can also name a guardian for your minor children. In California a valid will must be signed by the testator and witnessed by at least two people who are present at the same time and understand that the document is a will, under Cal. Prob. Code Section 6110. A beneficiary can technically serve as a witness, but Cal. Prob. Code Section 6112 creates a rebuttable presumption that an interested witness procured their gift by duress, menace, fraud, or undue influence unless at least two other disinterested witnesses also signed, so beneficiaries should not act as witnesses. California does not have a contemporaneous self-proving affidavit signed before a notary at execution. Instead, Prob. Code Section 8220 lets an uncontested will later be proved at probate using the affidavit of a subscribing witness. A California will does not need to be notarized; witnesses, not a notary, make it valid. California also recognizes holographic (handwritten, unwitnessed) wills under Prob. Code Section 6111 if the signature and material provisions are in the testator's own handwriting. A testator must be at least 18 years old and of sound mind under Prob. Code Sections 6100 and 6100.5. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    California requires two witnesses. Cal. Prob. Code Section 6110 requires the will to be signed and witnessed by at least two people, both present at the same time, who witness the signing or acknowledgment and understand the document is a will.

  3. 3

    Do not use a beneficiary as a witness. Under Cal. Prob. Code Section 6112 a will is not invalid because an interested witness signed it, but unless two other disinterested witnesses also signed, the law presumes the gift to that witness was the product of duress, menace, fraud, or undue influence, and an unrebutted presumption limits the witness to their intestate share.

  4. 4

    California has no contemporaneous self-proving affidavit. Unlike some states, California does not let you sign a notarized affidavit alongside the will at execution to skip live witness testimony later. Prob. Code Section 8220 instead allows an uncontested will to be proved at probate by the affidavit of a subscribing witness.

  5. 5

    No notary is required for the will itself. Cal. Prob. Code Section 6110 makes witnesses, not a notary, the operative formality for a California will. There is no notary step to complete when you sign.

  6. 6

    Handwritten (holographic) wills are valid. Cal. Prob. Code Section 6111 recognizes a holographic will, witnessed or not, if the signature and the material provisions are in the testator's own handwriting.

  7. 7

    You must be 18 and of sound mind, and revocation has clear rules. Prob. Code Sections 6100 and 6100.5 set the minimum age at 18 and require the testator to understand the nature of the act, the property, and family relationships. Prob. Code Section 6120 lets a later will or a physical act like burning or tearing revoke a prior will, and Section 6122 automatically revokes gifts to a former spouse after divorce or annulment.

Key decisions before you file

Before you file a Last Will and Testament in California, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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CALIFORNIA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, California, being at least 18 years old and of sound mind under Cal. Prob. Code Section 6100.5, declare this to be my Last Will and Testament, and I revoke all prior wills and codicils I have made.

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] as the executor (also called the personal representative) of my estate. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor. I ask that my executor be allowed to serve without bond, to the extent California law permits.

  3. DISPOSITION OF PROPERTY (BEQUESTS) [INSERT specific gifts and bequests here, naming each beneficiary and the property or amount given to each.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. GUARDIAN FOR MINOR CHILDREN (if applicable) If I have minor children living at my death, I appoint [GUARDIAN NAME] as guardian of their persons and estates. If [GUARDIAN NAME] is unable or unwilling to serve, I appoint [SUCCESSOR GUARDIAN NAME].

  6. ATTESTATION CLAUSE This will must be signed by me and witnessed by at least two competent witnesses under Cal. Prob. Code Section 6110. Both witnesses must be present at the same time, must witness my signing or my acknowledgment of the will, and must understand that this document is my will. A beneficiary should not act as a witness; Prob. Code Section 6112 presumes a gift to an interested witness was procured by duress, menace, fraud, or undue influence unless two other disinterested witnesses also signed. Prob. Code Section 6110(c)(2) also allows a will not witnessed exactly this way to still be treated as validly executed if clear and convincing evidence shows I intended the document to be my will when I signed it, but proper witnessing at signing is the safer course and avoids that dispute entirely.

Signed: _____________________ Date: [DATE] [TESTATOR NAME], Testator

WITNESS ATTESTATION The foregoing instrument was signed by the testator in our presence. At the testator's request, and in the presence of the testator and each other, we sign below as witnesses on the date above, and we understand this document is the testator's will.

Witness 1 signature: _____________________ Print name: _____________________ Address: _____________________ Witness 2 signature: _____________________ Print name: _____________________ Address: _____________________

Note: This will is governed by the California Probate Code, Division 6, Part 1 (Cal. Prob. Code Sections 6100 through 6122). California has no contemporaneous self-proving affidavit signed before a notary at execution; an uncontested will may instead be proved later at probate by the affidavit of a subscribing witness under Prob. Code Section 8220. Because Prob. Code Section 6112 penalizes gifts to interested witnesses, choose two witnesses who receive nothing under this will. Store the signed original in a safe place and tell your executor where to find it, since only the original is normally admitted to probate. This is a California skeleton, not the complete document. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in California in about a minute, and notarize it online through DocDraft if it does.

California Requirements for Last Will and Testament

Two Witnesses Present at the Same Time

Cal. Prob. Code Section 6110 requires the will to be signed and witnessed by at least two people who are present at the same time, who witness the testator signing or acknowledging the will, and who understand that the document is the testator's will.

Interested Witnesses Create a Rebuttable Presumption

Under Cal. Prob. Code Section 6112 a will signed by an interested witness (a beneficiary) is not invalid, but unless two other disinterested witnesses also signed, the law presumes the gift to that witness was procured by duress, menace, fraud, or undue influence. If the presumption is not rebutted, the interested witness is limited to their intestate share.

No Contemporaneous Self-Proving Affidavit

California does not offer a self-proving affidavit signed before a notary at the time the will is executed. Cal. Prob. Code Section 8220 instead allows an uncontested will to be proved later at probate using the affidavit of a subscribing witness, without a contemporaneous notary step at signing.

Holographic (Handwritten) Wills Are Recognized

Cal. Prob. Code Section 6111 recognizes a holographic will, witnessed or not, if the signature and the material provisions are in the testator's own handwriting. If the will is undated, validity can be limited where there is an inconsistent later will or a question of capacity at signing.

No Notary Required for the Will Itself

Cal. Prob. Code Section 6110 makes two witnesses, not a notary, the formality that validates a California will. There is no notarization step required for the will document itself.

Minimum Age 18 and Sound Mind

Cal. Prob. Code Section 6100 requires the testator to be at least 18 years old and of sound mind. Section 6100.5 defines sound mind as understanding the nature of making a will, understanding and recalling one's property, and remembering one's relationships to descendants, spouse, and parents and others affected by the will.

Revocation by a Later Will, Physical Act, or Divorce

Cal. Prob. Code Section 6120 lets a California will be revoked by a subsequent will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke. Prob. Code Section 6122 separately revokes gifts to a former spouse if the testator divorces or annuls the marriage after signing.

Name an Executor (Personal Representative)

Name an executor, also called a personal representative, to administer the estate, along with a successor in case the first choice cannot serve. California courts appoint the person named in the will absent disqualification, so naming both a primary and a successor executor avoids delay at probate.

Does your Last Will and Testament need to be notarized in California?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

California requires at least two witnesses under Cal. Prob. Code Section 6110. Both witnesses must be present at the same time, must witness the testator signing or acknowledging the will, and must understand that the document is the testator's will. A beneficiary can serve as a witness, but Prob. Code Section 6112 then presumes their gift was the product of duress, menace, fraud, or undue influence unless two other disinterested witnesses also signed, so it is safer to use witnesses who receive nothing under the will.

No. A California will is made valid by two witnesses under Cal. Prob. Code Section 6110, not by a notary. California also does not offer a contemporaneous self-proving affidavit that would be signed before a notary at execution. A notary only becomes relevant later at probate in a different context, when Prob. Code Section 8220 allows an uncontested will to be proved by the affidavit of a subscribing witness.

Yes. Cal. Prob. Code Section 6111 recognizes a holographic will, whether or not it is witnessed, as long as the signature and the material provisions are in the testator's own handwriting. If the will is undated, its validity can be limited where there is an inconsistent later will or a question about the testator's capacity at the time of signing.

Put your wishes in writing, name an executor and a residuary beneficiary, and sign the document. Cal. Prob. Code Section 6110 then requires at least two witnesses, present at the same time, to watch you sign or acknowledge the will and to understand that it is your will. You must be at least 18 and of sound mind under Prob. Code Sections 6100 and 6100.5. Attorney review is available as an option before you finalize it.

A valid California will is in writing, signed by a testator who is at least 18 and of sound mind under Prob. Code Sections 6100 and 6100.5, and witnessed by at least two people present at the same time who understand the document is a will, under Prob. Code Section 6110. California also has a harmless-error rule in Section 6110(c)(2) that can still validate a will that was not properly witnessed if clear and convincing evidence shows the testator intended it as their will.

A self-proving affidavit is a notarized statement, signed alongside a will at execution in states that allow it, that lets a will be admitted to probate without live witness testimony. California does not offer this contemporaneous option. Instead, Prob. Code Section 8220 lets an uncontested California will be proved at probate later using the affidavit of a subscribing witness.

You must be at least 18 years old and of sound mind to make a will in California, under Cal. Prob. Code Section 6100. Prob. Code Section 6100.5 defines sound mind as understanding the nature of making a will, understanding and recalling your property, and remembering your relationships to your descendants, spouse, and parents and others affected by the will.

Cal. Prob. Code Section 6120 lets you revoke a prior California will with a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with the intent to revoke, done by you or by someone else in your presence at your direction. Prob. Code Section 6122 separately revokes any gift to a former spouse automatically if you divorce or annul your marriage after signing the will.