What Do I Need to Sign My Will in California?
Witness, notary, and remote online notarization (RON) requirements for wills in California.
California requires 2 witnesses for a willCal. Prob. Code § 6110Verified Oct 18, 2026View source. A witness must be at least 18 years old.
California does not require notarization for a will to be validCal. Prob. Code § 6110Verified Oct 18, 2026View source. California has no execution-time affidavit; a witness affidavit at probate can substitute for live testimony, so no notary is involved when the will is signed.
California has authorized remote online notarization for many documentsCal. Gov. Code § 8231 et seq.; Cal. Civ. Code § 1181.1Verified Sep 4, 2026View source, but wills are excludedCal. Gov. Code § 8231 et seq.; Cal. Civ. Code § 1181.1Verified Sep 4, 2026View source; the notarization happens in person.
To execute a will in California: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Keep the original will in a secure location. Wet signature and in-person signing required
Yes. California has not adopted the Uniform Probate Code, but its probate code accepts a will that was valid under the law of the place it was signed. The practical wrinkle is the self-proving affidavit: a foreign will without one forces the witnesses to be located and either appear or sign declarations, and re-executing on a California form, or adding a California affidavit, removes that step. The California document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in California: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitCal. Prob. Code § 6110Verified Oct 18, 2026View source.
Healthcare Power of Attorney
California allows a choice for a healthcare power of attorney: 2Cal. Prob. Code § 4701Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
California requires explicit durability language for a power of attorney to survive incapacityCal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source, and it is signed before 2Cal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source witnesses or a notary.
Transfer on Death Deed
In California, a revocable transfer on death deed is signed before a notaryCal. Prob. Code 5600-5698Verified Oct 18, 2026View source and 2Cal. Prob. Code 5600-5698Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source, within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In California, the living will is the Advance Health Care DirectiveCal. Prob. Code Div. 4.7 (Health Care Decisions Law), §§ 4600-4806; Part 2 (Uniform Health Care Decisions Act), §§ 4670-4743Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Pour-Over Will
In California, a pour-over will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in California
Free tools for planning your estate in California: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
Trust or Will: Which Costs Less?
In California, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in California runs $4,320Estimate: 10 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in California runs $1,329Estimate: 3 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,658Estimate: 6 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In California, a parent names a guardian for a minor child in a will or a separate signed writingCal. Prob. Code §§ 1500, 1501, 1502, 1514Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Cal. Fam. Code § 6500Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in California takes 9 months to 12 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
California authorizes transfer on death deedsCal. Prob. Code 5600-5698Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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California Estate Planning Resources
In-depth guides covering California probate laws, trust requirements, and estate planning strategies.