California Will Requirements: How to Make a Valid Will

To make a valid California will you must be at least 18 and of sound mind, and the will must be in writing and signed. A typed will also needs two witnesses who are present at the same time; a fully handwritten (holographic) will needs no witnesses.

A will is the document that says who gets your property and who you want to wind up your estate. In California, making one valid is mostly about how it’s signed.

What makes a California will valid

To make a will you must be at least 18 and of sound mind (Prob. Code §6100). For a standard typed will, Probate Code §6110 requires that it be:

In writing.
Signed by you (or by someone else in your presence and at your direction).
Witnessed by at least two people who are present at the same time, who watch you sign (or acknowledge the will) and understand it’s your will.

If a will doesn’t meet the witnessing rule, a court may still honor it if there’s clear and convincing evidence you intended it as your will — but that’s a fallback, not a plan.

Handwritten (holographic) wills

California recognizes holographic wills — and they need no witnesses. A holographic will is valid if the signature and the material provisions are in your own handwriting (Prob. Code §6111). They’re better than nothing, but ambiguity in a handwritten will often causes disputes.

Revoking or changing a will

You can revoke a will by making a later will that revokes it, or by destroying it (burning, tearing, canceling) with the intent to revoke (Prob. Code §6120). To change specific terms, people typically sign a new will rather than mark up the old one.

A will does not avoid probate

This surprises many people: a will does not keep your estate out of probate. It directs distribution, but the estate may still go through the probate process. If avoiding probate matters to you, see how to avoid probate in California and living trusts. To compare the two main planning tools, read will vs. living trust.

Frequently asked questions

How many witnesses does a will need in California?

A typed (attested) will must be signed by at least two witnesses who are present at the same time and witness the testator signing or acknowledging the will (Probate Code §6110). A handwritten holographic will needs no witnesses.

Is a handwritten will valid in California?

Yes. A holographic will is valid — with no witnesses — if the signature and the material provisions are in the testator's own handwriting (Probate Code §6111).

Does having a will avoid probate?

No. A will directs who receives your property, but the estate may still go through probate. To keep assets out of probate you generally use a living trust or other non-probate transfers.

How do you revoke a will in California?

By a later will that revokes it, or by burning, tearing, canceling, or destroying the will with the intent to revoke it (Probate Code §6120).

Related guides

How to Avoid Probate in California You can keep assets out of California probate with a living trust, a transfer-on-death deed for real estate, pay-on-death and beneficiary designations, joint tenancy or community property with right of survivorship, and the small-estate affidavit for estates of $208,850 or less.

Powers of Attorney & Advance Health Care Directives in California A durable power of attorney lets someone manage your finances if you become incapacitated, and an advance health care directive lets someone make medical decisions and records your wishes. Signing both ahead of time can spare your family a court conservatorship.

Revocable Living Trusts in California A revocable living trust holds title to your assets during life (you stay in control), then passes them to your beneficiaries through a successor trustee at death — without probate, because trust-titled assets aren't part of the probate estate.

Will vs. Living Trust in California The core difference: a will still goes through probate, while a revocable living trust avoids it. A will is simpler and cheaper to set up; a trust costs more up front but saves your family the time, cost, and publicity of probate — which matters most if you own real estate.

California Wills: Requirements & How They Work