Does California recognize holographic wills?

Yes, California recognizes holographic (handwritten) wills if the material provisions are in the testator's handwriting (Cal. Prob. Code § 6110). Holographic wills typically do not need witnesses, but they're more vulnerable to legal challenges than a formally executed will.

Free California Last Will and Testament

Free California last will form. 2 witnesses. Name beneficiaries, guardians, and executor. Download PDF, print, and sign.

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Frequently Asked Questions About California Last Wills and Testaments

California requires 2 adult witnesses present when the testator signs. Witnesses must be 18 or older. 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 their intestate share, so use two disinterested witnesses. See all California signing requirements.

No, notarization is not required for a valid will in California. The state does not use an execution-time self-proving affidavit. Instead, witnesses can provide a sworn affidavit during probate to confirm proper execution.

Yes, California recognizes holographic (handwritten) wills if the material provisions are in the testator's handwriting. Holographic wills typically do not need witnesses, but they're more vulnerable to legal challenges than a formally executed will.

A will does not avoid probate — it goes through the California probate court for validation and asset distribution. Simple estates typically take 9-12 months. Estates valued under $208,850 may qualify for a Small Estate Affidavit, which is faster than full probate. California sets probate attorney fees by statute as a percentage of the estate. Use the probate cost calculator to estimate what probate would cost in California.

As a community property state, California treats most marital assets as jointly owned. Without a will, community property generally passes to the surviving spouse, while separate property is divided among the spouse and children according to intestacy law. The exact split depends on family structure. See exactly how California divides assets with the California inheritance calculator.

A will distributes assets through probate court — public, slower, and carries the state-specific costs you can see on the probate calculator. A revocable living trust skips probate, keeps the estate private, and lets your family receive assets faster. If avoiding probate matters to you, you can create a revocable trust instead of, or alongside, this will.

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. The inheritance calculator 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. Our form includes a self-proving affidavit — a notarized statement that eliminates the need for witness testimony during probate.

Estates under $208,850 in California may qualify for simplified probate. A will directs who inherits, names guardians, and appoints an executor. This form takes 15-20 minutes.

SimplyTrust Editorial·Updated July 15, 2026

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

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Free California Last Will and Testament

Free California last will form. 2 witnesses. Name beneficiaries, guardians, and executor. Download PDF, print, and sign.

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Frequently Asked Questions About California Last Wills and Testaments

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. Our form includes a self-proving affidavit — a notarized statement that eliminates the need for witness testimony during probate.

Estates under $208,850 in California may qualify for simplified probate. A will directs who inherits, names guardians, and appoints an executor. This form takes 15-20 minutes.

Free California Last Will and Testament

Your Information

Frequently Asked Questions About California Last Wills and Testaments