How to Make a Will in California (2026 Guide)

A will made in California must be signed by you and by 2 witnesses to be valid. Yes (Cal. Prob. Code §§ 6110, 8220 (witnesses' declaration under penalty of perjury within the attestation clause; no notary)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free California will covers, generated from the same rules.

Make my free California will

California will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	No
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	Yes
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Cal. Prob. Code § 6110
Financial POA statute	Cal. Prob. Code §§ 4000 to 4545 (Power of Attorney Law); Uniform Statutory Form Power of Attorney at § 4401
Healthcare directive statute	Cal. Prob. Code § 4600 et seq. (Health Care Decisions Law); optional statutory form at § 4701

Witnesses

Two witnesses. The will must be signed by the testator (or by another in the testator's presence and at the testator's direction) and witnessed by at least two persons, each of whom was present at the same time, witnessed either the signing or the testator's acknowledgment of the signature or of the will, and understood that the instrument is the testator's will (Cal. Prob. Code § 6110(c)). Witnesses must be generally competent (Cal. Prob. Code § 6112(a)); use adults. If a witness is also a beneficiary, the gift to that witness is presumed to have been procured by duress, menace, fraud or undue influence and fails unless the presumption is rebutted, except to the extent of the witness's intestate share — unless there are two other disinterested witnesses (Cal. Prob. Code § 6112(c), (d)). Both witnesses must be present together when the testator signs or acknowledges; the witnesses then sign the attestation. No notary is involved.

Do you need a notary in California?

No. The will is self-proving through the witnesses' declaration without a notary.

Self-proving affidavit

Yes (Cal. Prob. Code §§ 6110, 8220 (witnesses' declaration under penalty of perjury within the attestation clause; no notary)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in California

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be signed by the testator (or by another in the testator's presence and at the testator's direction) and witnessed by at least two persons, each of whom was present at the same time, witnessed either the signing or the testator's acknowledgment of the signature or of the will, and understood that the instrument is the testator's will (Cal. Prob. Code § 6110(c)). Witnesses must be generally competent (Cal. Prob. Code § 6112(a)); use adults. If a witness is also a beneficiary, the gift to that witness is presumed to have been procured by duress, menace, fraud or undue influence and fails unless the presumption is rebutted, except to the extent of the witness's intestate share — unless there are two other disinterested witnesses (Cal. Prob. Code § 6112(c), (d)). Both witnesses must be present together when the testator signs or acknowledges; the witnesses then sign the attestation. No notary is involved.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Have your witnesses complete the declaration. Your state's attestation is made under penalty of perjury and does not require a notary (Cal. Prob. Code §§ 6110, 8220 (witnesses' declaration under penalty of perjury within the attestation clause; no notary)).
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. California does not provide for lifetime deposit of a will with the court; after death the custodian must lodge the original with the superior court clerk within 30 days (Cal. Prob. Code § 8200).
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

California is a community property state and has no elective share. Each spouse already owns one-half of the community property and quasi-community property (Cal. Fam. Code § 760; Cal. Prob. Code §§ 100, 101), so a will disposes of only the testator's half plus the testator's separate property. A spouse omitted from a will made before the marriage may claim an intestate share (Cal. Prob. Code § 21610). The court may also set aside a probate homestead and family allowance for the surviving spouse (Cal. Prob. Code §§ 6520 to 6528, 6540).

California is a community property state. Property acquired during marriage is generally owned half by each spouse. A will disposes only of the testator's half plus separate property. Our California will includes a community property acknowledgment.

Homestead

No restriction on devising a homestead by will, but the probate court may set apart a probate homestead for the surviving spouse and minor children for a limited period regardless of the will (Cal. Prob. Code §§ 6520 to 6528). The general homestead exemption from creditors is in Cal. Code Civ. Proc. § 704.710 et seq.

If you die without a will in California

If you die without a will in California, your spouse takes all of your half of the community and quasi-community property (Cal. Prob. Code § 6401(a)). Your separate property goes entirely to your spouse if you leave no children, parents, siblings or their descendants; one-half to the spouse if you leave one child (or parents or siblings but no children); and one-third to the spouse if you leave two or more children (Cal. Prob. Code § 6401(c)). Everything not passing to a spouse goes to descendants, then parents, then siblings (Cal. Prob. Code § 6402). More on intestacy.

Other estate-planning documents in California

• Durable financial power of attorney: Cal. Prob. Code §§ 4000 to 4545 (Power of Attorney Law); Uniform Statutory Form Power of Attorney at § 4401. The power of attorney must be signed by the principal (or by another adult in the principal's presence at the principal's direction) and either acknowledged before a notary public or signed by two adult witnesses who saw the principal sign and who are not the attorney-in-fact (Cal. Prob. Code §§ 4121, 4122). Notarization is required in practice and is necessary for the power to be recorded and used for real estate (Cal. Civ. Code § 1195; Cal. Prob. Code § 4128 notice requirement for the statutory form).
• Advance healthcare directive: Cal. Prob. Code § 4600 et seq. (Health Care Decisions Law); optional statutory form at § 4701. An advance health care directive must be signed by the principal and either acknowledged before a notary public or signed by two adult witnesses (Cal. Prob. Code §§ 4673, 4674). A witness may not be the agent, the principal's health care provider or an employee of the provider, or the operator or an employee of a community or residential care facility; at least one witness must be neither related to the principal by blood, marriage or adoption nor entitled to any part of the estate (Cal. Prob. Code § 4674). If the principal is a patient in a skilled nursing facility, a patient advocate or ombudsman must also sign as a witness (Cal. Prob. Code § 4675). The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Cal. Prob. Code § 6132 (limited to $25,000 total and $5,000 per item)).

California notes

• California is a community property state (Cal. Fam. Code § 760). Your will controls only your separate property and your one-half interest in community and quasi-community property.
• California does not use a notarized self-proving affidavit; the witnesses instead sign an attestation declaring under penalty of perjury that the will was properly executed, which is accepted as proof at probate (Cal. Prob. Code §§ 6110, 8220).
• California publishes a statutory will form (Cal. Prob. Code §§ 6240 to 6243). This service's will is not the statutory will form; it is a conventional attested will.
• A beneficiary should never serve as a witness in California; the gift is presumed procured by undue influence (Cal. Prob. Code § 6112).
• California recognizes holographic wills where the signature and material provisions are in the testator's handwriting (Cal. Prob. Code § 6111).

Frequently asked questions

How many witnesses does a will need in California?

California requires 2 witnesses (Cal. Prob. Code § 6110). Two witnesses. The will must be signed by the testator (or by another in the testator's presence and at the testator's direction) and witnessed by at least two persons, each of whom was present at the same time, witnessed either the signing or the testator's acknowledgment of the signature or of the will, and understood that the instrument is the testator's will (Cal. Prob. Code § 6110(c)). Witnesses must be generally competent (Cal. Prob. Code § 6112(a)); use adults. If a witness is also a beneficiary, the gift to that witness is presumed to have been procured by duress, menace, fraud or undue influence and fails unless the presumption is rebutted, except to the extent of the witness's intestate share — unless there are two other disinterested witnesses (Cal. Prob. Code § 6112(c), (d)). Both witnesses must be present together when the testator signs or acknowledges; the witnesses then sign the attestation. No notary is involved.

Does a will need to be notarized in California?

No. The will is self-proving through the witnesses' declaration without a notary.

Does California have a self-proving affidavit?

Yes (Cal. Prob. Code §§ 6110, 8220 (witnesses' declaration under penalty of perjury within the attestation clause; no notary)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in California?

Yes, California recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in California?

California is a community property state and has no elective share. Each spouse already owns one-half of the community property and quasi-community property (Cal. Fam. Code § 760; Cal. Prob. Code §§ 100, 101), so a will disposes of only the testator's half plus the testator's separate property. A spouse omitted from a will made before the marriage may claim an intestate share (Cal. Prob. Code § 21610). The court may also set aside a probate homestead and family allowance for the surviving spouse (Cal. Prob. Code §§ 6520 to 6528, 6540).

What happens if I die without a will in California?

If you die without a will in California, your spouse takes all of your half of the community and quasi-community property (Cal. Prob. Code § 6401(a)). Your separate property goes entirely to your spouse if you leave no children, parents, siblings or their descendants; one-half to the spouse if you leave one child (or parents or siblings but no children); and one-third to the spouse if you leave two or more children (Cal. Prob. Code § 6401(c)). Everything not passing to a spouse goes to descendants, then parents, then siblings (Cal. Prob. Code § 6402).

Is a no-contest clause enforceable in California?

California enforces a no-contest clause only against (1) a direct contest brought without probable cause, (2) a pleading challenging a transfer on the ground that the property was not the transferor's at the time of transfer, if the clause expressly covers it, and (3) a creditor's claim, if the clause expressly covers it (Cal. Prob. Code §§ 21310 to 21315).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.