Last Will and Testament in California
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What California law says
| 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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| 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 |
| 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 |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · California tenant rights
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.