{"id":371861,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/california-law\/california-wills-laws.html"},"modified":"2026-09-01T15:45:05","modified_gmt":"2026-09-01T20:45:05","slug":"california-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-wills-laws.html","title":{"rendered":"Creating a Will in California"},"content":{"rendered":"\n
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Creating a Will in California<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

To create a legally valid will<\/span> in California<\/span>, you must be at least 18 years old<\/span> and of sound mind<\/span>. The will must be in writing, signed by you (the testator<\/span>), and witnessed by at least two competent individuals who are present at the same time and understand they are witnessing a will. This document allows you to name an executor, appoint guardians for children, and direct how your assets are distributed. Without a valid will<\/span>, California<\/span>‘s intestate succession laws will determine who inherits your property.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Having a valid last will and testament<\/span><\/a>\u200b in place helps you plan ahead and protect your\u00a0family\u00a0and loved ones<\/span>. Knowing they are taken care of can bring valuable peace of mind to both you and your heirs.<\/p>\n

In this article, we’ll explore California<\/span>‘s legal requirements<\/span> for a valid will<\/span>, what happens if you die without a valid will<\/span> in place, how the probate<\/span> process<\/span> works, and other considerations.<\/p>\n

What is a California Last Will and Testament?<\/strong><\/h2>\n

A last will and testament<\/span>, often simply called a “will,” is a legal document<\/span> outlining your final wishes. It is your official instruction manual for what happens after you pass away, allowing you to name an executor to manage your estate, appoint guardians for minor children<\/span>, and specify who inherits your property.<\/p>\n

While it is just one part of a comprehensive estate plan<\/span>, it is the foundational document for ensuring your wishes are known and legally honored.<\/p>\n

How to Create a Will in California: A Step-by-Step Guide<\/strong><\/h2>\n

Creating your\u00a0own will<\/span>\u00a0can seem daunting, but\u00a0making a will in\u00a0California<\/span>\u00a0follows a clear, logical path. This guide breaks down the process into four essential steps, from confirming you meet the basic requirements<\/span> to correctly executing the final document. By following this framework, you can confidently create a will that is legally sound and ensures your wishes are honored.<\/p>\n

Step 1: Determine if You Meet the Legal Requirements<\/strong><\/h3>\n

The California<\/span> Probate<\/span> Code<\/span><\/a>\u200b requires a testator<\/span> to be mentally competent<\/a>\u200b at the time the will is made. You have the legal capacity to make a will in California<\/span> if you are of legal age (18 years old<\/span>) and of sound mind<\/span>.<\/p>\n

An individual who does not have sufficient mental capacity<\/span> won’t be able to understand that they are making a will, understand and remember what property they own, or remember and understand who their close family members<\/span> are and how the will might affect them.<\/p>\n

Additionally, an individual who has a mental health disorder with symptoms including delusions or hallucinations that cause the individual to distribute their property in a way that the individual would not have done otherwise is not legally capable of making a will.<\/p>\n

Step 2: Decide What Type of Will to Make<\/strong><\/h3>\n

California<\/span>‘s law<\/span> requires wills to be written down to be valid. The state recognizes handwritten wills<\/span> (holographic wills<\/span><\/a>\u200b), but they must meet specific requirements. Unlike a few states, California<\/span> does not recognize oral wills<\/span>. Your options include:<\/p>\n