Build Your California Estate Plan with FREE State Forms

California operates under community property law, one of only nine states to do so. Most assets acquired during marriage belong equally to both spouses regardless of whose name is on the title or who earned the income. This fundamental difference from common law states shapes every aspect of estate planning here, from how property passes at death to what a surviving spouse automatically inherits.

Like all states, California recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses. The state also recognizes holographic (handwritten) wills, though these have stricter proof requirements and are more vulnerable to legal challenges. California doesn't offer a self-proving affidavit at the time you sign your will. Instead, your witnesses may need to provide sworn statements during probate to verify they watched you sign. Keep their contact information current—if they can't be located, proving the will becomes more complicated.

If you die without a will in California, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

California sets probate attorney fees by law rather than leaving them to negotiation. Fees are calculated as a percentage of the estate's value, which means you can predict costs in advance—but also means there's little room to shop around for a better rate. Smaller estates can use a simplified affidavit process that avoids full probate—up to $208,850 for personal property or $69,625 for real property. These thresholds are relatively generous compared to other states, potentially saving families significant time and legal fees.