How to Make a Will in California: Statutory Will, Holographic Will, and Witness Requirements

California gives you three ways to create a legally valid will: the statutory will form, a formally witnessed will, or a holographic (handwritten) will. Each has different requirements, and getting any of them wrong can invalidate the entire document — or worse, leave your estate in intestacy where the state decides who inherits.

Option 1: The California Statutory Will

The statutory will (Probate Code Section 6240) is a pre-printed, fill-in-the-blank form created by the California Legislature. It's free and specifically designed for simple estates.

Requirements:

• You must be at least 18 and of sound mind
• Fill in the blanks only — do not cross out any pre-printed text, add handwritten notes in the margins, or attach riders
• Sign in front of two witnesses who are present at the same time
• Both witnesses must also sign the will
• Witnesses cannot be anyone who inherits under the will

What it covers: You can name an executor, leave your estate to your spouse, children, or specific individuals, and nominate a guardian for minor children.

What it can't do: The statutory will doesn't allow custom trust provisions for minor children's inheritances, conditional gifts, or per-item distributions. Any modification to the pre-printed language invalidates the entire document under Section 6241.

Option 2: A Formally Witnessed Will

If you need more flexibility — distributing specific items, creating a testamentary trust for minors, or including detailed conditions — you write (or type) a custom will and sign it with two witnesses present.

Requirements under Probate Code Section 6110:

• Written (typed or printed)
• Signed by you (or by someone in your presence and at your direction)
• Two witnesses must each watch you sign (or hear you acknowledge your signature), then sign the will themselves

Notarization is not required for a California will, but adding a notarized "self-proving affidavit" speeds up probate by eliminating the need to locate witnesses later.

Option 3: A Holographic Will

California recognizes holographic wills under Probate Code Section 6111. No witnesses are needed — but the tradeoff is strict.

Requirements:

• The material provisions (who gets what) and the signature must be in your own handwriting
• Dated in your handwriting (not strictly required but strongly recommended to avoid disputes)
• No witnesses needed

A holographic will works in an emergency, but it carries serious risks. There's no formal structure, so ambiguities trigger litigation. Courts routinely see family disputes over whether handwritten notes on a napkin or letter constitute a valid will. It should be a last resort, not a plan.

Nominating a Guardian for Minor Children

If you have children under 18, your will is the only document that legally nominates a guardian of the person. Without it, a court decides who raises your children — and it may not be who you'd choose.

Name both a first-choice and alternate guardian. If you and your co-parent die simultaneously, the will must be clear about who steps in. For managing a child's inheritance, a formal will lets you create a testamentary trust that names a trustee to manage funds until your child reaches a specific age (25, 30, etc.) — something the statutory will form cannot do.

Common Mistakes That Invalidate California Wills

Modifying the statutory form. Any handwritten additions, cross-outs, or attachments to the statutory will void the entire document. If you need custom provisions, use a formal witnessed will instead.

Using only one witness. California requires two witnesses. Some states allow notarization as a substitute — California does not. A will with one witness or none (unless holographic) is invalid.

Witnesses who are beneficiaries. If a witness also inherits under the will, their gift creates a presumption of undue influence under Probate Code Section 6112. The gift may be voided.

Forgetting to update after major life events. Marriage, divorce, and the birth of a child all affect will provisions. A will executed before marriage may be partially overridden by California's community property and spousal elective share rules.

A Will Alone Does Not Avoid Probate

This is the critical point most Californians miss. A will tells the probate court how to distribute your assets — it does not bypass the court. If your probate estate exceeds $208,850 (the threshold for deaths on or after April 1, 2025), your estate goes through formal probate regardless of how carefully your will is drafted.

For a typical California home, that means 12-18 months of court proceedings and statutory fees of $46,000+ on a $1,000,000 gross estate. A will is a necessary part of any estate plan — but for most California homeowners, it needs to be paired with a trust, TOD deed, or beneficiary designations to keep assets out of probate.

Getting Started

The California Basic Estate Planning Kit covers all three will types, the exact witness and signing requirements, guardian nomination language, and how a will fits with the rest of your estate plan — trusts, TOD deeds, powers of attorney, and healthcare directives. It walks you through which approach matches your situation without locking you into a subscription platform.

See more California guides →