Last Will and Testament in California
Federal & State Law Editorial TeamLast reviewed: April 2026
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
Filing Location
Superior Court (Probate Division) after death
Filing Fee
Probate filing: $435–$470
Statute Reference
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.
Download Form Template
Download a template for the Last Will and Testament customized with California-specific requirements and instructions.
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.