Why Every Californian Needs a Valid Will
Creating a will is one of the most important steps you can take to protect your family and ensure your final wishes are honored. Yet studies suggest that a majority of Americans — including many Californians — do not have one. Without a valid will in place, the state steps in and decides how your assets are distributed, often producing results you would never have intended.
This guide provides a general educational overview of how wills work under California law, what makes a will legally valid, the different types of wills the state recognizes, and what happens if you pass away without one. As always, this information is general in nature and not a substitute for personalized legal advice from a qualified estate planning attorney.
What Is a Will Under California Law?
A will — sometimes called a "last will and testament" — is a legal document that expresses how you want your assets distributed after your death. In California, the legal framework for wills is governed by the California Probate Code. Beyond distributing property, a well-drafted will can also:
- Name an executor (personal representative) to manage your estate
- Designate a guardian for any minor children
- Identify specific beneficiaries for specific assets
- Reduce the potential for family conflict
If a person dies with a valid will, the estate is considered testate. The executor named in the will must file the document with the court and begin the probate process.
Legal Requirements for a Valid Will in California
California law sets clear requirements for what makes a will legally enforceable. Failing to meet even one of these criteria can result in a will being invalidated by the probate court.
1. Age and Mental Capacity
In California, a testator must be at least 18 years old to create a valid will. In addition to meeting the age requirement, a valid will in California is a written document created by an adult who is at least 18 years old, of sound mind, that is signed and witnessed according to California Probate Code §6100–6113.
2. The Will Must Be in Writing
In California, a valid will must be in writing, meaning it must exist in a physical, tangible form. California does not recognize oral (spoken) wills under any circumstances. California Probate Code section 6110 requires all wills to be in writing; there is no exception for military service or imminent peril. If a loved one passes away having made only verbal promises about their estate, those promises have no legal standing.
3. Signature Requirements
California law requires that every valid will be in writing (typed or handwritten) and signed by the testator. The will must also clearly express the testator's intent to distribute their property after death.
4. Witness Requirements (For Typed/Attested Wills)
For a standard typed will, in California, most wills must be in writing, signed, and witnessed by two people under California Probate Code 6110. Both witnesses must be present at the same time when the testator signs or acknowledges the will. Importantly, a witness who is also a beneficiary does not void the will, but their bequest may be reduced or eliminated under California law.
5. Notarization Is NOT Required
Many people are surprised to learn that notarization is not required for a California will to be valid. While an optional notarized "self-proving affidavit" can help streamline the probate process, it does not replace the two-witness requirement.
Types of Wills Recognized in California
Typed (Attested) Wills
The most common form of will is a formal, typed document that meets the written, signed, and two-witness requirements described above. This type of will offers the greatest clarity, is less susceptible to legal challenges, and allows for precise legal language to be used in describing beneficiaries and assets.
Holographic (Handwritten) Wills
California also allows holographic (handwritten) wills with different formalities under Probate Code 6111. Under Probate Code §6111(a), a holographic will must be signed by the testator, and all material provisions — such as who receives which assets — must be in the testator's own handwriting. Crucially, a holographic will does not need witnesses or notarization.
However, holographic wills carry significant risks. Holographic wills can help in emergencies, but they are frequently contested due to disputes about intent, completeness, handwriting, or alterations. Additionally, although a holographic will need not be dated, it is advisable to date it — because if the holographic will is not dated and an inconsistent will exists, the courts will deem it invalid to the extent of the inconsistency unless it can be shown the holographic will was executed later.
California Statutory Will
California provides an official statutory fill-in-the-blank will form codified directly in Probate Code section 6240. The form is free to use and available from county law libraries, the California State Bar, and the California Courts Self-Help portal. It must be signed by the maker and two witnesses, and the statutory language cannot be modified — only the blanks may be filled in. This can be a useful starting point for simple estates, but may not address complex asset or family situations.
California's Probate Process and Thresholds
Even with a valid will, most California estates must go through probate — the court-supervised process of authenticating the will and distributing assets. California probate is required for estates exceeding $208,850 in gross value as of April 1, 2025. This threshold is periodically adjusted, so it is important to verify the current figure with an estate planning attorney.
Certain assets pass outside of probate regardless of whether you have a will. These include assets held in a living trust, accounts with named beneficiaries (such as life insurance and retirement accounts), and property held in joint tenancy.
California's probate process can be time-consuming and expensive. Even with a will, probate is typically required unless all property passes via joint tenancy, beneficiary designations, or is held in a trust. For this reason, many Californians pair a will with a living trust as part of a comprehensive estate plan.
What Happens If You Die Without a Will in California?
Dying without a valid will is called dying intestate. When a person dies without a valid will or trust, California's intestate succession laws under Probate Code §§ 6400–6414 determine how the estate is divided.
California is a community property state, which significantly impacts intestate succession. Intestate succession is governed by Probate Code §6400-§6414, which establishes a strict hierarchy of heirs based on family relationships.
Who Inherits Under Intestate Succession?
- If the deceased had no will or trust, and was married with no children, then the spouse inherits everything.
- The intestate succession rules for married people in California also apply to registered domestic partners.
- Stepchildren who were never legally adopted by the decedent are not considered heirs under California's intestate succession laws.
- California's intestate succession laws do not recognize unmarried domestic partners or significant others as heirs (unless they are registered domestic partners under Family Code §297).
- Under California Probate Law 6800, any person who passes away intestate and with no living relatives will have their property escheated by the State of California.
You Cannot Contest Intestate Succession
One of the most significant limitations of dying without a will is that the state's formula applies with little flexibility. In short, you cannot dispute any ruling made by probate proceedings that followed intestate succession laws. This underscores why having a valid, carefully drafted will is so critical.
When and How to Update Your California Will
A will is not a document you create once and forget. A will should be reviewed after every major life event: marriage, divorce, birth of a child, or significant change in assets.
Changes to a will can be made through a formal amendment called a codicil. Under California Probate Code §6121, a codicil must meet the same legal requirements as the original will, including written documentation, the testator's signature, and the presence of two witnesses. Alternatively, you can revoke your existing will entirely and create a new one.
It is never advisable to simply cross out sections of an existing typed will, as this can create ambiguity and lead to contested probate proceedings.
Key Takeaways for California Residents
- You must be at least 18 and of sound mind to create a valid will in California.
- Typed wills require two witnesses present at the same time; notarization is optional.
- Holographic (handwritten) wills are valid without witnesses but carry a higher risk of legal challenges.
- Oral wills are never valid in California under any circumstances.
- Probate is generally required for estates over $208,850 (as of April 2025), even with a valid will.
- Dying without a will means California's intestate succession laws — not your wishes — determine who inherits your estate.
- Update your will after major life events such as marriage, divorce, or the birth of a child.
Speak With an Estate Planning Attorney Today
Creating or updating a will is one of the most meaningful things you can do for your loved ones. While this article provides a general educational overview of California will law, every individual's situation is unique. The team at Leeds Law Firm is here to help you navigate California's estate planning laws and draft a will that truly reflects your wishes.
Contact Leeds Law Firm today to schedule a consultation with one of our experienced California estate planning attorneys. We will help ensure your legacy is protected — the right way.
