How to Make a Will in California

If you're a resident of California and thinking about making a will, you should understand what a will is and how to make one. A last will and testament (more commonly known as a will) can help protect your family and your property. A will can be used to:

• leave your property to people (or organizations)
• name a trusted person to manage property left to minor children
• name a personal guardian to care for your minor children, and
• name an executor, the person entrusted with carrying out the terms of your will.

Below you'll find an overview of what a will can do for you, what California laws require when you make a will, and what the process looks like.

Steps to Create a Will in California

Here's a quick checklist for making a will in California:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

Should you die without a will, state "intestacy" laws will dictate how your property will be distributed. California's intestacy law gives your property to your closest relatives, beginning with your spouse and children. In the absence of a spouse or children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, and your spouse's relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in California?

Yes. You can make your own will in California, using a reputable service like Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

California also has a statutory will, which is a form will created by California statute. The statutory will is a basic will that might not address everything you wish to accomplish. Your local probate court likely has copies of the statutory will, and you might be able to find copies online. Be careful about downloading online will forms from sites other than court or government sites because they might not comply with California law.

Legal Requirements for a Valid Will in California

To make a will in California, you must be:

• an individual 18 years of age or older (or an emancipated minor), and
• of sound mind.

(Cal. Prob. Code § 6100 (2025).)

In this situation, "of sound mind" means that you:

• understand what it means to make a will
• understand what property you own
• understand and remember who your relatives are, and
• do not have a mental health disorder that would cause you to have delusions or hallucinations affecting what you would do with your property.

(Cal. Prob Code § 6100.5 (2025).)

Though it might seem obvious, the probate code also points out that you may not use your will to dispose of property that isn't yours. (Cal. Prob. Code § 6101 (2025).)

You must make your will on hard copy. That is, it must be on actual paper. It can't be on an audio, video, or any other digital file. Type and print your will using a computer, or you can use a typewriter.

California does permit handwritten wills (called "holographic wills"). Holographic wills don't require witnesses, but they are usually not a good idea. (Cal. Prob. § Code 6111 (2025).)

How to Sign and Execute My California Will?

To finalize your will in California, you must:

1. Have two witnesses sign your will.
2. Your witnesses must sign your will at the same time as each other—either when they witness your signing your will or (if you've already signed the will) when they witness you acknowledging your signature on your will.

(Cal. Prob. Code § 6110 (2025).)

Neither witness should be a beneficiary of the will. California law presumes that any gift made to a witness of the will was made under duress, and the witness could lose the gift if it is more than what the witness would have received under the intestacy law. (Cal. Prob. Code § 6112 (2025).)

Do I Need to Have My Will Notarized?

Notarization isn't required in California to make your will legal. Some states allow you to make your will "self-proving"—meaning witnesses won't need to come to court to prove the will is authentic—by signing a special affidavit in front of a notary that accompanies the will.

However, California allows your will to be self-proved without a notary. As long as your witnesses sign an attestation clause that says they are signing under penalty of perjury, your will should be self-proved. California's statutory will contains this attestation clause with the perjury language. (Cal. Prob. Code §§ 6113, 6222, 8220 (2025).)

Can I Make a Digital or Electronic Will?

In a few states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although these "electronic wills" are currently available in only a minority of states, many other states (including California) are considering making electronic wills legal. It is generally assumed that most states will allow them in the future.

Should I Choose and Appoint an Executor in My Will?

Yes. In California, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust can produce a letter to your executor that generally explains what the job requires. If no executor is named, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in California?

In California, you may revoke or change your will at any time. You revoke your will by:

• burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it, or
• making a new will that states it is revoking the old will or that has contradictory terms.

(Cal. Prob. Code § 6120 (2025).)

If you and your spouse divorce or your marriage is annulled, any gift you gave your spouse in the will and any provision that named your spouse as an executor or trustee is automatically revoked unless your will expressly says otherwise. (Cal. Prob. Code § 6122 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on California wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in California, consider other estate planning strategies like a living trust or a transfer-on-death deed.

What's the cost of making a will in California?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in California, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. At that point, it will be filed to begin the probate process.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that California doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.

Next Steps

You can find California's laws about making wills here: California Probate Code Division 6 Wills and Intestate Succession Part I Wills. For more on California estate planning issues, see our section on California Estate Planning.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.