Complete Guide to Legal Requirements for Wills in California

Most wills that fail in California don’t fail on some obscure technicality. They fail because one witness left the room, the testator’s capacity was doubtful, or a beneficiary signed as a witness and nobody thought about it. This guide walks through each requirement in the Probate Code and the traps I see most often.

Law verified against Probate Code §§6100, 6100.5, 6110 to 6113, 6120, 6122, 6220, 6221, 8200, 8220, 8221 and 21380, 2026. This is general information, not legal advice for your situation.

For the step-by-step version focused on signing day, see how to make a valid will in California.

Who can make a will in California?

Any individual 18 or older who is of sound mind may make a will (Prob. Code §6100(a)). “Sound mind” has a specific legal meaning. Under Prob. Code §6100.5(a), a person lacks capacity to make a will if, when signing, they can’t understand the nature of the testamentary act, can’t understand and recollect the nature and situation of their property, or can’t remember and understand their relationships to their living descendants, spouse, and parents and to the people whose interests the will affects.

A person also lacks capacity if a mental health disorder with delusions or hallucinations causes them to leave property in a way they otherwise wouldn’t have (Prob. Code §6100.5(a)(2)). That test is narrower than most families expect. A diagnosis alone doesn’t disqualify anyone. Signing a will with a dementia diagnosis is possible when the timing and documentation are handled well.

What does a formal witnessed will require?

Prob. Code §6110 sets three requirements for an ordinary typed will:

• Writing. The will must be in writing (Prob. Code §6110(a)).
• Signature. The testator signs, or someone else signs the testator’s name in the testator’s presence and at the testator’s direction (Prob. Code §6110(b)).
• Two witnesses. At least two people sign as witnesses during the testator’s lifetime. Both must be present at the same time and witness either the signing or the testator’s acknowledgment of the signature or the will, and both must understand that the document is the testator’s will (Prob. Code §6110(c)(1)).

The “present at the same time” language is where home-made wills go wrong. A will signed in front of one neighbor on Saturday and a second neighbor on Monday doesn’t meet the statute.

California does have a safety valve. If a will wasn’t executed correctly, it’s still treated as valid if the person offering it proves by clear and convincing evidence that the testator intended it to be their will when they signed it (Prob. Code §6110(c)(2)). That’s a lawsuit-level standard of proof, and relying on it means your family pays to litigate what two witnesses could have settled for free.

Does a California will need to be notarized?

No. Nothing in Prob. Code §6110 requires a notary, and a notary’s stamp doesn’t replace either witness. A notarized will with only one witness is still short a witness. More on that in does a will need to be notarized in California.

Who can witness a will, and can a beneficiary be a witness?

Any person generally competent to be a witness may witness a will (Prob. Code §6112(a)). Many people believe a beneficiary can’t be a witness. A beneficiary can, but it creates a problem for that beneficiary.

A will isn’t invalid because an interested witness signed it (Prob. Code §6112(b)). But unless two other disinterested witnesses also signed, a gift to a witness creates a presumption that the witness got the gift through duress, menace, fraud, or undue influence, and the witness carries the burden of disproving it (Prob. Code §6112(c)). If the witness can’t rebut the presumption, they keep only what they would have inherited had the will not been established (Prob. Code §6112(d)).

The practical rule: use two adults who receive nothing under the will. It costs nothing and removes the issue entirely.

Are handwritten wills valid in California?

Yes. A will that doesn’t meet §6110 is valid as a holographic will, witnessed or not, if the signature and the material provisions are in the testator’s handwriting (Prob. Code §6111(a)). The whole document doesn’t have to be handwritten. Statements of testamentary intent can even appear in a commercially printed form (Prob. Code §6111(c)).

Dates matter more than people think. If a holographic will has no date and that creates doubt about whether it or another will controls, it’s invalid to the extent of the inconsistency unless it’s shown to have been signed after the other will (Prob. Code §6111(b)(1)). An undated holographic will is also invalid if the testator lacked capacity at any time it might have been signed, unless it’s shown to have been signed when the testator had capacity (Prob. Code §6111(b)(2)). Courts may consider outside evidence to decide whether a document is a will and what an unclear provision means (Prob. Code §6111.5), which is another way of saying a holographic will invites argument. See handwritten wills in California.

What is the California statutory will?

The Probate Code includes a fill-in-the-blank will form (Prob. Code §6240). Any individual of sound mind and over 18 may use it (Prob. Code §6220). The testator completes the blanks and signs, and each witness must observe the signing and sign in the testator’s presence (Prob. Code §6221).

It’s a narrow tool for simple situations. It doesn’t avoid probate and it can’t handle much customization. I cover when it’s enough in the California statutory will explained.

	Formal witnessed will	Holographic will	Statutory will
Writing	In writing, typed or printed	Signature and material provisions in the testator’s handwriting (Prob. Code § 6111)	Fill-in-the-blank form from the Probate Code (Prob. Code § 6240)
Signature	Testator signs, or someone signs at the testator’s direction and in the testator’s presence	Testator signs	Testator completes the blanks and signs
Witnesses	Two, present at the same time (Prob. Code § 6110)	None required	Each witness observes the signing and signs in the testator’s presence (Prob. Code § 6221)
Notary	Not required	Not required	Not required
Avoids probate	No	No	No

Is a will signed in another state valid in California?

Generally, yes. A written will is validly executed if it complies with the law of the place where it was signed at the time, or the law of the place where the testator was domiciled, had a place of abode, or was a national, either when signing or at death (Prob. Code §6113(b), (c)). If you moved here, the will may still be valid but was drafted around another state’s property rules, so it deserves a review. See how California law affects your estate plan.

How does a valid will get proved after death?

Whoever holds the original will must deliver it to the superior court clerk in the county where the estate may be administered within 30 days after learning of the death, unless a probate petition was filed earlier (Prob. Code §8200(a)). A custodian who fails to do so is liable for resulting damages (Prob. Code §8200(b)).

If nobody contests the will, it can be proved on the evidence of one subscribing witness, including by that witness’s affidavit (Prob. Code §8220). If no witness is available, the court may accept proof of the testator’s handwriting plus proof of a witness’s handwriting or a writing in the will signed by all the witnesses reciting the facts of due execution (Prob. Code §8221). That’s why a properly drafted attestation clause, the paragraph above the witnesses’ signatures, matters years later.

Validity is only half the question. A valid will still goes through probate. If avoiding court is the goal, compare a will and a living trust, and see the role of a will in your estate plan. For a trust-based plan, the will becomes a backup that pours stray assets into the trust. My living trust page explains how that works.

What mistakes most often sink a California will?

• Witnesses not together. Both witnesses must be present at the same time (Prob. Code §6110(c)(1)).
• A beneficiary as witness. It triggers the presumption in Prob. Code §6112(c) unless two other witnesses are disinterested.
• Gifts to the drafter or a caregiver. A gift to the person who drafted the will, or to a care custodian of a dependent adult under the conditions in the statute, is presumed to be the product of fraud or undue influence (Prob. Code §21380(a)). This catches wills written by a helpful relative.
• An undated holographic will. See Prob. Code §6111(b).
• Never updating after divorce. Unless the will says otherwise, a divorce or annulment revokes gifts to the former spouse and any nomination of the former spouse as executor, trustee, or guardian (Prob. Code §6122(a)). Everything else in the old will stays in force.
• Informal revocation. A will is revoked by a later will that revokes it expressly or by inconsistency, or by being burned, torn, canceled, obliterated, or destroyed with intent to revoke (Prob. Code §6120). Crossing out a line and initialing it is an invitation to litigation.

Online forms tend to fail on execution rather than wording, a point I cover in online wills and trusts versus a California attorney. And when execution is questioned after death, the fight is a will contest, which works differently from a trust contest. See trust contest versus will contest.

What happens if the will turns out to be invalid?

If no valid will survives, the estate passes by intestate succession, starting with the surviving spouse’s share under Prob. Code §6401. That result may look nothing like what the will said. The steps for doing it right the first time are in steps to draft a will in California.

How does Ridley Law handle will signings?

I draft wills as part of a complete estate plan, planned by phone and Zoom. Signing day is arranged so both witnesses are present together and the execution meets §6110 on its face, with a mobile notary coming to you for the documents in the plan that need notarization. If you only want a will, start with my wills attorney page.