How many witnesses does a California will need?

A typed will needs at least two witnesses who are present at the same time and who should not be beneficiaries. A handwritten (holographic) will signed in your own handwriting needs no witnesses.

Is California a community-property state?

Yes. Property acquired during marriage is generally community property and passes largely to the surviving spouse if you die without a will. This affects what you can leave to others.

What is a Personal Representative in California?

It is the person who administers the estate — an executor if named in the will, or an administrator if appointed by the court. They pay debts and taxes and distribute the estate.

Making a Will in California: Rules You Need to Know

California has its own rules for who can make a will, how it must be signed and witnessed, and how estates are administered through probate. Because California is a community-property state, marital property is also treated differently than in most of the country. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in California?

In California you must be at least 18 years old and of sound mind to make a will. Being of sound mind generally means you understand that you are making a will, know roughly what you own, and recognize the people who would normally inherit from you.

A will can be challenged later if someone argues you lacked capacity or were unduly influenced, so making your will while your wishes are clear and documented helps it stand up.

What are the witness and notary rules?

A typed California will must be signed by you and witnessed by at least two people who are present at the same time and understand that the document is your will. Witnesses should be disinterested — a gift to a witness can be reduced or challenged.

California does not require a will to be notarized to be valid. Instead, witnesses can sign a self-proving affidavit before a notary, which lets the court accept the will without later tracking down the witnesses to testify.

At least two witnesses, present at the same time.
Witnesses should not be beneficiaries.
Notarization is optional; a self-proving affidavit speeds up probate.
Handwritten (holographic) wills are valid without witnesses if signed and in your own handwriting.

Is the executor called a Personal Representative?

Yes. California commonly uses the term Personal Representative for the person who administers an estate. When that person is named in the will, they are the executor; when the court appoints someone because there is no will, they are the administrator.

The Personal Representative gathers assets, pays debts and taxes, and distributes what remains to the beneficiaries under the supervision of the probate court.

What happens if you die without a will in California?

If you die intestate (without a valid will), California's intestacy statutes decide who inherits. Your community property generally passes to your surviving spouse, while separate property is divided among the spouse and other relatives depending on who survives you.

These default shares may not match your wishes, and they give you no say over who serves as Personal Representative or who becomes guardian of your minor children.

Is probate required in California?

Probate is often required in California, and it can be slower and more expensive than in many states. Estates below a statutory small-estate threshold, and assets that pass by beneficiary designation or joint ownership, can avoid formal probate.

Because formal probate can be costly, revocable living trusts are a popular probate-avoidance tool in California. A will still matters as a backstop and to name guardians for children.

Can you make a California will online?

Yes. A properly signed and witnessed online will is valid in California as long as you follow the signing steps. iFinallyWill produces a California-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. For a large or complex estate — or to set up a living trust — consider speaking with a California attorney as well.

Frequently asked questions

How many witnesses does a California will need?: A typed will needs at least two witnesses who are present at the same time and who should not be beneficiaries. A handwritten (holographic) will signed in your own handwriting needs no witnesses.
Does a California will have to be notarized?: No. Notarization is not required for validity. Witnesses can sign a self-proving affidavit before a notary, which makes the will easier to accept in probate.
Is California a community-property state?: Yes. Property acquired during marriage is generally community property and passes largely to the surviving spouse if you die without a will. This affects what you can leave to others.
What is a Personal Representative in California?: It is the person who administers the estate — an executor if named in the will, or an administrator if appointed by the court. They pay debts and taxes and distribute the estate.