{"id":371861,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-wills-laws.html"},"modified":"2026-06-16T15:08:26","modified_gmt":"2026-06-16T20:08:26","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

A California<\/span> will<\/span> is a legal document<\/span> in which a testator<\/span> names a personal representative, appoints guardians for minor children<\/span>, and details how their personal assets should be distributed after their death. The testator<\/span> must be 18 years old<\/span> and of sound mind<\/span>, and follow California<\/span>\u2019s laws<\/span> for properly executing a will.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Thinking about what happens after you die is a difficult topic for most people. If you don\u2019t have a plan in place, the state of California<\/span> has a plan for you that may not reflect your wishes. What you own (your assets) will be divided up and distributed according to the state\u2019s intestate succession laws<\/a>.<\/p>\n

The legal documents<\/span><\/a> that outline how you want your assets handled in the event of incapacity or at death are your estate plan<\/span>. Estate plans<\/span> are usually will-based or trust-based. A will-based plan meets the needs of many people.<\/p>\n

Having a valid last will and testament<\/span><\/a> in place is one way to plan ahead and protect your family members<\/span> and loved ones<\/span>. Knowing they are taken care of can bring valuable peace of mind to both you and your heirs. In this article, we\u2019ll explore California<\/span>\u2019s 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

The Legal Requirements<\/span> of a Valid Will<\/span><\/h2>\n

The basic requirements<\/span> for drafting, signing, and enforcing wills are fairly similar across the United States. Many states follow the Uniform Probate<\/span> Code<\/a>, but California<\/span> is not one of them. Instead, the California<\/span> Probate<\/span> Code<\/span><\/a> sets its own rules, deadlines, and procedures.<\/p>\n

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>. If your assets and intentions are straightforward, you may be able to create your own will<\/span>. A California<\/span> Statutory Will<\/a> is a simple form you can use. You must follow the instructions carefully to create a valid will<\/span>.<\/p>\n

Another option for making a will is to use an online DIY form or service<\/a>. You can also work with a California<\/span> will<\/span> attorney<\/a> to create your will. With a valid will<\/span> in place, your assets will pass to your intended heirs according to your wishes.<\/p>\n

Types of Wills<\/h3>\n

How you communicate your final wishes is important. California<\/span>\u2019s law<\/span> requires the person making the will (the testator<\/span>)<\/em> to have the legal capacity<\/em> to make a will. As mentioned, this means you must be at least 18 years old<\/span> and of sound mind<\/span>. California<\/span> state law<\/span> also requires wills to be written down to be valid. An attested will is a formally prepared will that meets specific legal requirements<\/span>. The state also recognizes handwritten wills<\/span> (holographic <\/span><\/em>wills<\/span><\/a>), but they must meet specific\u00a0requirements. Unlike a few states, California<\/span> does not recognize oral (nuncupative<\/em>) wills.<\/p>\n

Attested Will<\/strong><\/p>\n

A formal will is usually a written document prepared by an attorney. The will must be signed<\/a> by one of the following:<\/p>\n