Free California Last Will and Testament

In California, a will is signed before 2 witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit.

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Your Information

This information identifies you as the person making this will. It also determines your state's specific execution requirements.

First Name*

Middle Name

Last Name*

Date of Birth(MM/DD/YYYY)*

Email Address*

Phone Number*

Street Address*

City*

State*

ZIP Code*

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California requires 2 witnesses present when the testator signs. A gift to a witness who is also a beneficiary raises a rebuttable presumption of undue influence in California and can limit that witness to an intestate share, so the usual practice is disinterested witnesses.

No. California does not require notarization for a will to be valid. California has no execution-time self-proving affidavit; a witness affidavit at probate can substitute for live testimony, so no notary is involved when the will is signed.

Yes. California recognizes holographic (handwritten) wills when the material provisions are in the testator's handwriting. A holographic will typically needs no witnesses, but it is easier to challenge than a formally executed will.

No. A will directs who inherits, but the estate still passes through California probate, where the court validates the will and oversees the distribution. A simple estate typically takes 9 months to 12 months, with attorney fees set by statute as a percentage of the gross estate. In California, estates valued at $208,850 or less skip probate with the Small Estate Affidavit, 40 days after death. Assets held in a revocable living trust pass outside probate.

California has authorized remote online notarization for many documents, but wills are excluded, so the will's notarization happens in person.

Why Create a Will in California?

California is a community property state. Without a will, your community and separate property are divided under intestacy law — a formula that often produces unexpected results for blended families and unmarried partners. Who inherits in California without a will shows exactly what would happen.

A will can name guardians for minor children, specify who receives heirlooms and keepsakes, and appoint an executor to manage the estate.

California requires 2 witnesses at signing. The document carries a self-proving affidavit — a notarized statement that lets the will be admitted without the witnesses appearing in court.

Estates under $208,850 in California may qualify for simplified probate. A will directs who inherits, names guardians, and appoints an executor whatever the estate's size.

SimplyTrust Editorial·Updated October 18, 2026

Legal Sources

Data sourced from California statutes and official state code. How we research.

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Free California Last Will and Testament

In California, a will is signed before 2 witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit.

Progress0%

Why Create a Will in California?

A will can name guardians for minor children, specify who receives heirlooms and keepsakes, and appoint an executor to manage the estate.

California requires 2 witnesses at signing. The document carries a self-proving affidavit — a notarized statement that lets the will be admitted without the witnesses appearing in court.

Estates under $208,850 in California may qualify for simplified probate. A will directs who inherits, names guardians, and appoints an executor whatever the estate's size.

Free California Last Will and Testament

Your Information

Is this your situation?

New Baby or Adoption

Marriage

Divorce

New Home

Forms for Planning Your Estate in California

Healthcare Power of Attorney

Financial Power of Attorney

Transfer on Death Deed

Vehicle Transfer on Death

Living Will

Tools for Planning Your Estate in California

How Much Does a Will Cost?

How Do I Name a Guardian for My Minor Children?

Trust or Will: Which Costs Less?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

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California Estate Planning Resources

Free California Last Will and Testament

Your Information