# Will: Definition and How It Works in California

> A will is a signed document that says who receives a person's property at death and names an executor.

Source: https://ridleylawoffices.com/estate-planning-glossary-california/will/

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

A **will** is a signed document that says who receives a person’s property at death, names an executor to carry it out, and can nominate a guardian for minor children. Property that passes under a will generally still goes through probate.

## How it works in California

California requires a will to be in writing, signed by the testator, and witnessed by at least two people who understand they are signing the testator’s will and who watch the testator sign or acknowledge it, under Prob. Code, § 6110. [What a will is and what it does](https://ridleylawoffices.com/what-is-a-will/) covers the basics of how one works alongside other estate planning documents.

A narrow exception exists for a holographic will: one handwritten and signed by the testator without any witnesses at all. Under Prob. Code, § 6111, it is valid if the signature and the material provisions are in the testator’s own handwriting.

A will can also leave property to a trust that already exists. Under Prob. Code, § 6300, that works even if the trust is amendable, revocable, or later amended.

## Why it matters

For example, a person who writes their own will by hand, without witnesses, can still have a valid document if the key provisions and signature are genuinely in their handwriting, but a typed document signed without two witnesses generally fails.

## Common mistakes

People sign a will in front of only one witness, or ask a beneficiary to serve as a witness, both of which create problems later. Others assume a will avoids probate, when property left through a will is exactly what probate exists to distribute.

## Related terms

- [Pour-Over Will](https://ridleylawoffices.com/estate-planning-glossary-california/pour-over-will/): a backup will that sends leftover assets into a trust at death.
- [Holographic Will](https://ridleylawoffices.com/estate-planning-glossary-california/holographic-will/): the handwritten exception to the usual witness requirement.
- [Executor](https://ridleylawoffices.com/estate-planning-glossary-california/executor/): the person a will names to carry out its instructions.
- [Testamentary Capacity](https://ridleylawoffices.com/estate-planning-glossary-california/testamentary-capacity/): the mental competence required to sign a valid will.
- [Intestate Succession](https://ridleylawoffices.com/estate-planning-glossary-california/intestate-succession/): the rules that apply when someone dies without a valid will.
- [Guardianship](https://ridleylawoffices.com/estate-planning-glossary-california/guardianship/): a will can nominate who should serve as a minor child’s guardian.
- [Codicil](https://ridleylawoffices.com/estate-planning-glossary-california/codicil/): a written amendment to an existing will.
- [Testator](https://ridleylawoffices.com/estate-planning-glossary-california/testator/): the person who makes a will.

Part of the [California estate planning glossary](https://ridleylawoffices.com/estate-planning-glossary-california/). For the full treatment, see [What Is a Will, and What Does It Do?](https://ridleylawoffices.com/what-is-a-will/)