California will requirements
A California will needs two witnesses, each present at the same time, who watch you sign or hear you acknowledge your signature and who understand the document is your will. A fully handwritten will needs no witnesses.
- 2
- Witnesses required, both present simultaneously
- 0
- Witnesses for a holographic (handwritten) will
California Probate Code 6110 and 6111, read Oct 7, 2026. See source
On this page
Key facts
- Two witnesses must each be present at the same time when you sign or acknowledge your signature1.
- Each witness must understand the instrument is your will1.
- A holographic will is valid with no witnesses if the signature and material provisions are entirely in your own handwriting2.
- A will that misses a formality can still be admitted if there is clear and convincing evidence of your intent3.
- No notary is required for validity in California.
What the statutes say
Probate Code 6110(c)(1) sets two witness requirements. First, both witnesses must be present at the same time when they witness either your signing or your acknowledgment of your signature or of the will. Second, each witness must understand that the instrument they are signing is your will1. California does not require the witnesses to sign in each other's presence as Florida does, but they must both be present at the same time as you sign or acknowledge.
Section 6111(a) carves out a complete exception for holographic wills: a will that does not comply with section 6110 is still valid if the signature and the material provisions are in the testator's own handwriting, whether or not it was witnessed2. The date need not be handwritten, but if it is missing and creates doubt about which of two wills controls, the holographic will may be invalid to the extent of the inconsistency.
Section 6110(c)(2) adds a safety net: even if a will misses the formalities of paragraph (1), it will be treated as valid if the proponent establishes by clear and convincing evidence that the testator intended the document to be their will3. Relying on this provision means a court hearing, so follow the formalities on signing day.
California will signing rules at a glance
| Requirement | Rule | Notes |
|---|---|---|
| Witnesses1 | At least two | Both present at the same time as each other and the testator |
| Witness understanding1 | Each must understand it is your will | They need not be told verbally if it is clear from context |
| Notary1 | Not required for validity | California has no statutory self-proving affidavit procedure tied to a notary in the way Florida does |
| Holographic will2 | Valid with no witnesses | Signature and material provisions must all be in testator's handwriting |
| Safety net3 | Clear and convincing evidence of intent | Saves a defective will but requires a court hearing |
| Source | California Probate Code 6110 and 6111Read Oct 7, 2026 | California Probate Code 6110 and 6111Read Oct 7, 2026 |
How to sign a California will
Step 1
Choose two adult witnesses
Both witnesses must be present at the same time. Use people who do not inherit under the will to avoid any challenge.
Step 2
Sign the will in their presence, or acknowledge your signature
Both witnesses must be watching when you sign or hear you acknowledge that the signature on the document is yours.
Step 3
Both witnesses sign the will
Each witness signs to confirm they witnessed your signing or acknowledgment and understood it is your will.
Step 4
No notary required for validity
California Probate Code 6110 does not require notarization. Some services and counties may still recommend it to ease probate.
Step 5
Store the original safely
Tell your executor where the original will is kept.
Holographic wills in California
A California holographic will needs no witnesses. Section 6111 requires only that the signature and the material provisions be in the testator's own handwriting2. Material provisions means the dispositive language: who inherits what. If you type some provisions and handwrite others, only the handwritten portions count as material provisions under this section, which can create ambiguity.
A holographic will does not need to be dated, but a missing date becomes a problem if there is a later inconsistent will or if the testator lacked capacity at some point during which the will might have been executed2. When possible, include the date in your own handwriting.
This is general information, not legal advice. An attorney can advise whether a holographic will is appropriate for your estate.
California will questions
Does a California will need to be notarized?
No. California Probate Code 6110 does not require notarization for a will to be valid. Two witnesses who were present at the same time satisfy the execution requirement.
Can a beneficiary be a witness in California?
A witness who is also a beneficiary under the will may have their gift reduced under Probate Code 6112, which creates a presumption of wrongdoing. Use non-beneficiary witnesses to avoid this complication.
Is a handwritten will valid in California?
Yes. Section 6111 makes a holographic will valid whether or not witnessed, as long as the signature and material provisions are in the testator's own handwriting2.
What is the safety-net provision?
Section 6110(c)(2) lets a will that missed a formality be admitted to probate if the proponent proves by clear and convincing evidence that the testator intended the document as their will3. It is a court proceeding, not automatic.
Do I need a lawyer to make a will in California?
Not necessarily. Online services guide you through California-specific questions and signing steps. A business, a family member with special needs or a complex estate are reasons to speak with a California-licensed attorney.
Online will services with California-specific questionnaires
US Legal Forms
- Listed price
- $8 or $15 a month billed annually; $39 or $59 monthly
- Checked
- Oct 7, 2026
Rocket Lawyer
LegalContracts
Good for attorney consultation add-ons
LegalZoom
- Listed price
- Individual $129, $149 or $299; couples $229, $249 or $399
- Checked
- Oct 7, 2026
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