California Last Will and Testament
Generate a last will and testament tailored to California law. Our AI incorporates CA-specific statutory requirements, disclosure obligations, and legal standards into every document.
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California Legal Requirements
Key CA statutes and obligations that apply to your last will and testament.
Requirements
- Must be signed by the testator in the presence of at least two witnesses
- Both witnesses must sign in the presence of each other and the testator
- Witnesses must be 18+ and not be beneficiaries (to avoid interested witness issues)
- Notarization not required but a self-proving affidavit (Probate Code § 8220) speeds probate
- Holographic wills (entirely in testator's handwriting) are valid in California
Restrictions & Limits
- Pretermitted (omitted) heirs — children born after will execution — receive intestate share
- Spousal right of election applies to community property
- California small estate affidavit applies to estates under $184,500 (2024)
Official Statute References
Primary California statutes governing this document type.
California Last Will and Testament FAQ
Common questions about last will and testaments under California law.
How many witnesses are required for a California will?
Two witnesses are required. Both must sign in each other's presence and in the presence of the testator. Witnesses should not be named beneficiaries — an interested witness's gift may be reduced to their intestate share.
Does a California will need to be notarized?
No, notarization is not required for a California will to be valid. However, adding a self-proving affidavit (Probate Code § 8220) eliminates the need for witnesses to testify in probate court.
What happens to my estate if I die without a will in California?
California's intestate succession laws apply. Separate property passes to your spouse, children, or other relatives based on a priority order. Community property automatically passes to the surviving spouse.
Can I disinherit my spouse in California?
You can disinherit a spouse from your separate property but not from their share of community property. California is a community property state — each spouse owns half of all assets acquired during marriage.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.