How to Make a Valid Will in California

California in depth

California is more forgiving than most states about how a will is signed: it recognizes handwritten wills, it does not require a notary, and since 2009 a court can even rescue a will that was witnessed incorrectly. But that flexibility creates its own traps — people lean on a notary that does nothing, or write a "holographic" will on a printed form that quietly fails.

The statute facts above give you the rules. This section covers where California wills actually go wrong, and the protections built into California law that you cannot draft around.

Five ways a California will goes wrong

Most California wills that fail, fail on how they were signed — not on what they say. These are the recurring ones.

1. 1

   Notarizing the will instead of getting two witnesses

   California asks for one thing above all: your will must be signed by at least two witnesses who are present at the same time (Prob. Code § 6110). Notarization is not required — and it is not a substitute. A carefully notarized will signed by fewer than two qualifying witnesses is not validly executed, and its only lifeline is the court's clear-and-convincing "harmless error" rule. Get the two witnesses; the notary is optional and cannot replace them.

2. 2

   Assuming a notary makes the will "self-proving"

   Unlike many states, California has no traditional self-proving affidavit. Notarizing your will does not let your witnesses skip proving it after you die. California proves a will through a subscribing witness's sworn declaration — Judicial Council form DE-131, under Prob. Code § 8220 — completed after death. Keep a record of who your witnesses were and how to reach them; a notary stamp will not stand in for them.

3. 3

   A "holographic" will that is typed or filled in on a form

   California does recognize handwritten wills, but only if your signature and the material provisions are in your own handwriting (Prob. Code § 6111). People fill in a store-bought or printed form, sign it without witnesses, and assume it counts. If the key terms are printed rather than handwritten and there are no two witnesses, it is neither a valid witnessed will nor a valid holographic one.

4. 4

   Using a beneficiary as one of your witnesses

   An interested witness does not void a California will (Prob. Code § 6112). But if a gift goes to one of your two witnesses and there are not two other disinterested witnesses, the law presumes that person pressured you into it — and unless they can disprove that, they keep no more than they would have inherited with no will at all. Use witnesses who inherit nothing.

5. 5

   Signing electronically or by video

   As of 2026, California has not adopted electronic wills. A scanned PDF, an e-signature, or a will "witnessed" over a video call is not a valid California will. The valid route is still a physical document signed in wet ink with two witnesses physically present at the same time (Prob. Code § 6110).

California protects a spouse through community property, not an elective share

California is a community-property state. Almost everything a married couple earns or acquires during the marriage is community property (Family Code § 760), and at death one-half of it already belongs to the surviving spouse outright (Prob. Code § 100). Your will only controls your half of the community property plus your own separate property — you cannot give away your spouse's half.

This is why California has no New York-style elective share: there is no post-death "claim one-third against the will," because the spouse is protected by owning half the marital estate by operation of law. If your plan depends on how community versus separate property is divided, sort that out while drafting — the court applies the community-property math regardless of what the will says.

The spouse or child you forgot: California's omitted-heir rules

If you marry after signing your will and never update it, your new spouse is an "omitted spouse" and can claim a statutory share — your half of the community and quasi-community property, plus a share of your separate property equal to what they would have inherited with no will, capped at one-half of that separate property (Prob. Code §§ 21610–21612).

The same idea protects a child born or adopted after the will who is left unprovided for: they take what they would have received had you died without a will (Prob. Code § 21620). Both rules fall away if the omission was clearly intentional and stated in the will, or if you provided for the person outside the will. The safe move is simple: revisit the will after any marriage, divorce, or new child.

Handwritten wills are valid — but the whole plan has to be in your hand

A California holographic will needs no witnesses and no notary. What it needs is that your signature and all of the material provisions — who gets what — are in your own handwriting (Prob. Code § 6111). A statement of intent can sit on a commercially printed form, but the dispositive terms cannot be typed.

Date it. An undated holographic will that conflicts with another will can be thrown out to the extent of the conflict unless you can prove it came later (Prob. Code § 6111(b)). A handwritten will is a genuine emergency option in California, but a witnessed, typed will is far easier to prove and far harder to attack.

The 2009 safety valve: a botched signing can still be saved

Since 2009, California has had a harmless-error rule: if a will was not witnessed correctly, a court can still admit it if the person offering it proves by clear and convincing evidence that you intended the document to be your will (Prob. Code § 6110(c)(2)).

Do not treat this as a shortcut. It forgives a defect in witnessing — not a will you never signed and not a document that isn't in writing. It is an expensive courtroom rescue, argued after you are gone, not a substitute for signing in front of two witnesses in the first place.

Where a California will is proved: the Superior Court

California probates wills in the probate division of the Superior Court, in the county where you were domiciled — your primary residence — at death (Prob. Code § 7051). If you lived outside California but owned property here, the case is filed in the California county where that property sits.

This is the court that decides whether your will was validly executed, which is exactly why the two-witness formalities carry so much weight. A clean signing, with a witness available to complete a DE-131 declaration, is what keeps a California probate uncontested and moving.

Common questions about California wills

Sources

• Prob. Code § 6100 — Persons who may make a will
• Prob. Code § 6110 — Execution; witnesses; harmless error
• Prob. Code § 6111 — Holographic wills
• Prob. Code § 6112 — Interested witnesses
• Prob. Code § 6120 — Revocation of a will
• Prob. Code § 6122 — Effect of dissolution of marriage
• Prob. Code § 6240 — California statutory will form
• Prob. Code § 8220 — Proof of will by affidavit of subscribing witness
• Prob. Code § 21610 — Share of omitted spouse
• Prob. Code § 21620 — Share of omitted child
• Prob. Code § 7051 — County of proper venue for probate
• Family Code § 760 — Community property defined
• California Courts — Wills, estates & probate (self-help)

Who Can Make a Will in California?

You must be at least 18 years old to make a will in California. Emancipated minors and members of the armed forces may make a will. A conservator may also make a will on behalf of the conservatee under court supervision (Prob. Code 6100(b)). The testator must be of sound mind: understand the nature of the testamentary act, understand and recollect the nature and situation of their property, and remember and understand their relations to living descendants, spouse, and parents (Prob. Code 6100.5)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten (holographic). Electronic-only wills are not currently recognized. If you are physically unable to sign, Another person may sign the testator's name in the testator's presence and by the testator's direction. A conservator may also sign under court authorization.

Witness Requirements in California

California requires 2 witnesses. Any generally competent person may serve as a witness. Interested witnesses do not invalidate the will but create a rebuttable presumption of undue influence for devises to them. Both witnesses must be present at the same time and must witness either the signing of the will or the testator's acknowledgment of the signature or the will. Witnesses must understand the instrument is the testator's will. Witnesses must sign during the testator's lifetime.

Interested witnesses: Interested witnesses create a presumption of duress, menace, fraud, or undue influence for the devise to that witness, unless rebutted or unless at least two other disinterested witnesses signed (Prob. Code 6112)

Notarization in California

Notarization is not required for a will to be valid in California. Not required. California uses an attestation clause with a statement under penalty of perjury rather than a traditional notarized self-proving affidavit

Self-Proving Affidavit

California allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. California uses a statement under penalty of perjury rather than a traditional notarized self-proving affidavit. The witnesses state under penalty of perjury that the testator was of legal age, appeared of sound mind, and was not under undue influence. A separate notarized affidavit is not required but can be used

Handwritten (Holographic) Wills

California does recognize holographic wills. Valid without witnesses if the signature and the material provisions are in the testator's handwriting. An undated holographic will is valid unless there is a conflict with another will or doubt about testamentary capacity during the execution period (Prob. Code 6111)

Electronic Wills

California does not currently recognize electronic wills. California does not currently recognize electronic wills. PDFs, scanned documents, and digital copies are not valid. However, California's harmless error doctrine (Prob. Code 6110(c)(2)) may allow courts to validate non-compliant documents upon clear and convincing evidence of testamentary intent

How to Revoke a Will in California

In California, a will can be revoked by:

• •Executing a subsequent will that revokes the prior will or is inconsistent with it
• •Physical act of burning, tearing, canceling, obliterating, or destroying the will with intent to revoke
• •Another person may perform the revocatory act in the testator's presence and by the testator's direction
• •By operation of law (dissolution of marriage revokes provisions for former spouse)

Prob. Code 6120-6122. A will is also revoked by operation of law upon dissolution of marriage as to provisions benefiting the former spouse

Special Provisions in California

California is a community property state. Each spouse owns an undivided one-half interest in community property. A testator may dispose of their half of community property and all separate property by will. No elective share statute because community property law protects the surviving spouse. California has the harmless error doctrine allowing probate of technically deficient wills upon clear and convincing evidence of testamentary intent (Prob. Code 6110(c)(2))

Relevant California Statutes

• Cal. Prob. Code 6100 (Who may make a will)
• Cal. Prob. Code 6100.5 (Testamentary capacity)
• Cal. Prob. Code 6110 (Witnessed wills; execution requirements)
• Cal. Prob. Code 6111 (Holographic wills)
• Cal. Prob. Code 6112 (Witnesses; interested witnesses)
• Cal. Prob. Code 6113 (Choice of law)
• Cal. Prob. Code 6120 (Revocation by subsequent will)
• Cal. Prob. Code 6121 (Revocation by physical act)