California Will Requirements
What each state’s probate code requires to execute a valid will: the minimum age, how many witnesses must sign, whether a notary is needed, whether handwritten wills count, and where electronic wills are authorised. Sortable, every cell cited to the statute and dated when it was read.
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Estimate only — not legal advice. This is the published math for California will execution requirements, shown as a range. Your actual outcome depends on facts, evidence, and decisions this page cannot see.
- Minimum age to make a will
- 18
- Witnesses required at signing
- 2
- Notary required to make the will valid
- No
- Self-proving affidavit
- Permitted
- Handwritten (holographic) wills
- Recognised
- Electronic wills
- Not authorised
- Small-estate threshold
- $208,850
Cal. Prob. Code §6110
Both witnesses must be present at the same time, witnessing either the signing or the testator's acknowledgment, and must understand that the instrument is the testator's will. California sets no minimum witness age by statute. An interested witness does not invalidate the will but raises a rebuttable presumption of duress or undue influence unless two other disinterested witnesses also subscribed. Under §6110(c)(2) a will that fails these formalities can still be admitted on clear and convincing evidence of intent.
Cal. Prob. Code §6110
Notarisation is about making a will self-proving, which saves witnesses a trip to court later. It is not what makes the will valid.
Cal. Prob. Code §6110
California supplies no statutory self-proving affidavit form. Probate Code §8220 allows execution to be proved after death by an affidavit of a subscribing witness, or by an affidavit in the original will incorporating the attestation clause. That is a post-death proof provision rather than an execution-time self-proving procedure, and the distinction is worth an attorney's read.
Cal. Prob. Code §8220
Valid whether or not witnessed, provided the signature and the material provisions are in the testator's own handwriting. An undated holographic will carries risks under §6111(b) where its date matters.
Cal. Prob. Code §6111
Probate Code §6113 lists the valid routes to execution exhaustively and none is electronic, and Civil Code §1633.3(b)(1) excludes wills, codicils and testamentary trusts from the Uniform Electronic Transactions Act. A 2019-20 electronic wills bill (AB 1667) died in committee.
This is the Judicial Council's adjusted figure for decedents dying on or after April 1, 2025, and it is the operative one. The Probate Code itself prints $166,250 followed by 'as adjusted periodically in accordance with Section 890' — reading the statute alone gives a figure $42,600 too low. A separate $750,000 petition covers the decedent's primary residence. Next adjustment April 1, 2028.
Cal. Prob. Code §§13100-13101, adjusted under §890
These are execution requirements — what the probate code says a will must satisfy to be valid. They are not instructions for writing one, and this page does not tell you whether a will or a trust fits your situation. If you want to think that question through, the will-vs-trust quiz shows its reasoning, and an estate attorney licensed in California answers it properly.
Compare against every verified state, or see which states allow electronic wills.
Verified 2026-08-02 against California Probate Code §§6100, 6110, 6111, 6112, 6113, 8220 and 13100 et seq. (effective 2025-04-01)
Source of record
🎓 Understand this tool
What it is
A state-by-state table of what a probate code requires for a will to be validly executed: minimum age, witnesses, notarisation, self-proving affidavits, handwritten wills and electronic wills. It reports requirements. It does not explain how to write a will and does not supply language.
How it works
Each cell is transcribed from the state’s own probate code and carries that citation, plus the date someone read it. The categories are the ones states actually legislate on. Witness counts are near-universal at two, with Pennsylvania the outlier at none for validity. Notarisation is widely misunderstood: in almost every state it makes a will self-proving — meaning it can be admitted without tracking witnesses down years later — rather than making it valid. Louisiana is the exception, requiring a notary and two witnesses to execute. Roughly half of states recognise holographic wills, handwritten and unwitnessed, and a few recognise them only for armed-forces members.
Getting the most from it
- Find your state. Every figure links the statute it came from, so you can read the provision yourself.
- Read the witness row carefully — “none required” is a real answer where it appears, not missing data.
- Check the electronic column against the tracker, which separates statutes in force from statutes enacted with a future start date.
- Note the small-estate threshold if your state publishes one. It is the figure that decides whether full probate is likely to be involved at all.
Reading your result
These are execution requirements — the conditions a will must satisfy to be valid. Meeting them does not make a will a good one, does not mean it says what you intend, and does not resolve how an estate should be arranged. Requirements also change: a legislature can amend an execution rule or start an electronic wills act, which is why every cell carries the date it was verified.
What it can't tell you
This cannot draft a will, review one, tell you whether yours is valid, or tell you whether a will or a trust suits your situation. It does not cover revocation, amendment, undue influence, capacity disputes, or what happens when a will is contested. An estate attorney licensed in your state answers all of that.
Frequently asked questions
Two in almost every state, signing in the testator’s presence. Pennsylvania is the notable exception: a will can be valid there without witnesses at execution, and witnesses matter instead when the will is offered for probate. The table shows each state’s figure with the statute beside it.
Related calculators
Electronic Wills
Which states authorise electronic wills, which have passed an act that has not started yet, and which authorise nothing. The distinction matters: a post-dated statute is not law today, and signing under one before its operative date relies on a rule that has not begun.
Will vs Trust
Seven questions covering the factors estate planners commonly treat as reasons to look past a simple will — property in two states, a business, incapacity planning, contest exposure. It shows its scoring as you answer and cites your state’s small-estate threshold rather than hiding the reasoning.
Change alerts — when a state revises the guideline or deadline behind this page
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