How to make a will in California

California will requirements at a glance

How to sign a will in California

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (Cal. Prob. Code § 6110(c))
4. No notary needed. California doesn't use a separate notarized self-proving affidavit. The witness statement printed in your will records how it was signed, so keep each witness's name, address and phone number with your will.
5. Store the original safely and tell your executor where it is.

Who can make a will

Anyone 18 or older and of sound mind. A court may authorize a conservator to make a will for a conservatee (Prob. Code §§ 6100(b), 2580). (Cal. Prob. Code § 6100)

Witness rules

Both witnesses must be present at the same time and witness either the testator signing or the testator acknowledging the signature or the will. Each must understand the document is the testator's will, and both must sign during the testator's lifetime. If the witnessing was defective, the will can still be admitted with clear and convincing evidence that the testator intended it as a will (harmless error). (Cal. Prob. Code § 6110(c))

If a witness inherits: Will stays valid, but unless two other disinterested witnesses sign, a gift to a witness is presumed to have been procured by duress, fraud or undue influence. If the witness cannot rebut that, he or she takes no more than his or her intestate share (Cal. Prob. Code § 6112).

Handwritten wills

Valid whether or not witnessed if the signature and the material provisions are in the testator's handwriting; a date is advisable because an undated holographic will can fail when capacity is in doubt or another will conflicts (Cal. Prob. Code § 6111).

Self-proving affidavit

California has no notarized self-proving affidavit. Instead, if the original will includes or incorporates the witnesses' attestation clause in affidavit form, it serves as evidence of execution in uncontested probate (§ 8220(b)); attestation clauses are customarily signed under penalty of perjury. No notary is needed. (Cal. Prob. Code § 8220(b))

Can I sign my will online in California?

No. No electronic-will statute. Witnesses must be present at the same time under § 6110(c)(1). For a non-compliant document, the only route is the harmless-error rule (§ 6110(c)(2)), which needs clear and convincing evidence.

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: Enacted but not yet operative: the remote-online-notarization provisions take effect when the Secretary of State finishes its NAP 2.0 technology project or on Jan. 1, 2030, whichever comes first. Until then California notaries cannot notarize remotely. California wills do not use a notary in any case. (Online Notarization Act, SB 696 (Stats. 2023, ch. 291), Gov. Code § 8231 et seq.)

Good to know in California

California offers an optional fill-in California Statutory Will form (Prob. Code § 6240) that must still be signed with two witnesses. No lifetime court deposit is available; after death, whoever holds the will must deliver it to the superior court clerk within 30 days (§ 8200).

Estate and inheritance taxes

California has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

California will questions

Does a will need to be notarized in California?

No. Two witnesses make a California will valid, and California doesn't use a separate notarized self-proving affidavit.

Are handwritten wills legal in California?

Valid whether or not witnessed if the signature and the material provisions are in the testator's handwriting; a date is advisable because an undated holographic will can fail when capacity is in doubt or another will conflicts (Cal. Prob. Code § 6111).

Can a beneficiary witness a will in California?

Will stays valid, but unless two other disinterested witnesses sign, a gift to a witness is presumed to have been procured by duress, fraud or undue influence. If the witness cannot rebut that, he or she takes no more than his or her intestate share (Cal. Prob. Code § 6112).

Can I make a will online in California?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. California doesn't allow electronic wills, so the will must be signed on paper.

Does California have an estate or inheritance tax?

California has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against California statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a California attorney.