How to Make a Valid Will in California
What California law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older and of sound mind may make a will. A typed will must be in writing, signed by the person making it (or by someone else in their name, in their presence and at their direction), and signed during their lifetime by at least two witnesses who were present at the same time… Cal. Prob. Code §§ 6100, 6110, 6240
| Requirements for a valid will | Anyone 18 or older and of sound mind may make a will. A typed will must be in writing, signed by the person making it (or by someone else in their name, in their presence and at their direction), and signed during their lifetime by at least two witnesses who were present at the same time and saw the signing or the person's acknowledgment of the signature or will, and who understand the document is a will. If those formalities were not met, a court may still treat the will as valid if there is clear and convincing evidence the person intended it to be their will. California also has a fill-in-the-blank California Statutory Will. Re-verified 2026-10-27. |
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| Handwritten (holographic) wills | Yes. A will is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the will-maker's own handwriting. Statements of intent may be printed on a commercial form. If the will is undated, it can be invalid to the extent it conflicts with another will unless it is shown to have been made later. Re-verified 2026-10-27. Source: Cal. Prob. Code § 6111 |
| Self-proving affidavit | California does not use a separate notarized self-proving affidavit. Instead, if the will is not contested, it can be proved by the testimony of one witness, by a witness's affidavit attached to a photocopy of the will, or by an affidavit in the original will that includes the attestation clause the witnesses signed. Re-verified 2026-10-27. Source: Cal. Prob. Code § 8220 |
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FAQ
What makes a will valid in California?
Anyone 18 or older and of sound mind may make a will. A typed will must be in writing, signed by the person making it (or by someone else in their name, in their presence and at their direction), and signed during their lifetime by at least two witnesses who were present at the same time and saw the signing or the person's acknowledgment of the signature or will, and who understand the document is a will. If those formalities were not met, a court may still treat the will as valid if there is clear and convincing evidence the person intended it to be their will. California also has a fill-in-the-blank California Statutory Will.
Is a handwritten will valid in California?
Yes. A will is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the will-maker's own handwriting. Statements of intent may be printed on a commercial form. If the will is undated, it can be invalid to the extent it conflicts with another will unless it is shown to have been made later.
Does a will need to be notarized in California?
California does not use a separate notarized self-proving affidavit. Instead, if the will is not contested, it can be proved by the testimony of one witness, by a witness's affidavit attached to a photocopy of the will, or by an affidavit in the original will that includes the attestation clause the witnesses signed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.