How do I make a valid will in California?

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Accepted Answer

California will execution is governed by the California Probate Code, Division 6 (Wills and Intestate Succession).

1. Testator Requirements

Age: 18 or older (Prob. Code § 6100(a)).

Capacity: Sound mind — must understand the nature of the testamentary act, the property, and the natural objects of bounty (§ 6100.5).

2. Witness Requirements

A formal (attested) will requires:

Testator's signature, or signature by another at the testator's direction in the testator's presence.

2 witnesses present at the same time who witness either the signing or the testator's acknowledgment of the signature or the will (Prob. Code § 6110(c)(1)).

Witnesses should be disinterested — a beneficiary-witness may take only the lesser of the bequest or their intestate share unless 2 other disinterested witnesses signed (§ 6112).

3. Notarization

Not required to make the will valid. A self-proving affidavit under Prob. Code § 8220 (notarized) is allowed and avoids the need to locate witnesses at probate.

4. Holographic Wills

Valid if the signature and material provisions are in the testator's handwriting (Prob. Code § 6111). No witnesses required. Date is not strictly required but resolves capacity disputes.

5. Statutory Will

California provides a fill-in-the-blank statutory will form (Prob. Code § 6240) that is presumptively valid if completed correctly.

6. Intestacy (No Will)

If you die without a will, Prob. Code §§ 6400-6414 govern. Community property passes to the surviving spouse; separate property is split between spouse and children (1/3 to spouse if more than one child, 1/2 if one child).

7. Small Estate Threshold

Estates under $208,850 (adjusted periodically) may use a small estate affidavit under Prob. Code § 13100, avoiding formal probate.

This is legal information, not legal advice.