CA · LAST-WILL · Updated July 2026 · Free
California Last Will and Testament
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California at a glance: Witnesses Required: 2 disinterested witnesses · Holographic Wills: Recognized (must be signed and written by hand) · Notary Required: No (recommended for self-proving)
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Overview
Last Wills and Testaments in California
California wills are governed by the California Probate Code. In California, a written will must be signed by the testator (or by someone else in the testator's presence and direction) and at least two disinterested witnesses (Cal. Prob. Code § 6110). Holographic (handwritten) wills are recognized if the signature and material provisions are in the testator's handwriting.
California does not require notarization for a will to be valid, but a self-proving affidavit signed before a notary is highly recommended to expedite probate.
Key Facts
California Last Will and Testament — Quick Reference
| Requirement | California Rule |
|---|---|
| Witnesses Required | 2 disinterested witnesses |
| Holographic Wills | Recognized (must be signed and written by hand) |
| Notary Required | No (recommended for self-proving) |
| Minimum Age | 18 years old |
Legal Requirements
California Legal Requirements
- Testator must be at least 18 years old and of sound mind.
- Must be in writing (handwritten or typed).
- Signed by the testator and at least two disinterested witnesses who sign in the presence of each other.
Governing Laws
California Governing Laws
Cal. Prob. Code § 6110
Execution of Wills
Establishes the requirement for a will to be in writing and signed by the testator and two witnesses.
Cal. Prob. Code § 6111
Holographic Wills
Allows handwritten wills without witnesses if the signature and material terms are handwritten.
Read the full text of these laws at Cornell Law School's California legal resources or your state legislature's official website.
Questions & Answers
California Last Will and Testament — Frequently Asked Questions
Can an executor of a will also be a witness in California?
An executor can be a witness, but if they are also a beneficiary, it creates a presumption of duress, menace, fraud, or undue influence under California law. It is best to use disinterested witnesses.
Does California recognize handwritten wills?
Yes. California recognizes holographic wills if the signature and the material portions of the document are in the testator's own handwriting.