Last Will and Testament in California
Start with the official California form
The canonical, court-accepted version of this form is published by the Superior Court (Probate Division) after death. Search your county or district court's website for the current Last Will and Testament form before relying on any template. Forms are revised periodically — always confirm you have the current revision before filing.
Verify with your local court clerk before filing: local rules sometimes add cover-sheet, formatting, or service requirements beyond what the state-issued form shows.
California Requirements
- Testator must be 18 or older and of sound mind
- Must be signed by the testator in the presence of two witnesses
- Witnesses must sign during the testator's lifetime
- Holographic wills must be in the testator's own handwriting and signed
- Community property rules apply — surviving spouse entitled to half of community property
Superior Court (Probate Division) after death
Probate filing: $435–$470
How to Complete This Form
- 1List all of your assets, including real property, bank accounts, investments, and personal property.
- 2Decide how you want your assets distributed and name your beneficiaries.
- 3Appoint an executor (personal representative) to manage your estate after death.
- 4If you have minor children, name a guardian for them.
- 5Draft the will using your state's required format and language.
- 6Sign the will in the presence of the required number of witnesses and, if desired, execute a self-proving affidavit.
- 7Store the original will in a safe location and inform your executor of its location.
Editorial Template (Not the Official Court Form)
This is an educational template showing the typical structure of a Last Will and Testament in California. It is not a court-validated form and should not be used in place of the official form issued by the Superior Court (Probate Division) after death. Use this template only to understand what information you will need to assemble before completing the official form. Submitting this template instead of the official form may result in rejection by the court clerk.
Last Will and Testament in Other States
Other Forms in California
When to Talk to a Lawyer
- You have a blended family, children from multiple marriages, or beneficiaries with special needs.
- Your estate includes business interests, property in multiple states, or assets that may trigger estate taxes.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.