Free California Last Will and Testament
Build a complete California will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and California's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete California will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — California notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
In California a properly witnessed Will is automatically self-proved, so no separate affidavit is needed.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in California: Put the will in writing and sign it (or have someone sign in your presence at your direction, or your conservator sign by court order). Two witnesses must BOTH be present at the same time when you sign or acknowledge the will, must understand it is your will, and each must sign during your lifetime. California does NOT use a separate self-proving affidavit and does NOT require notarization — a properly signed and witnessed California will is effectively self-proved, because at probate it is proved by a subscribing-witness affidavit (Cal. Prob. Code § 8220) or its attestation clause. California also has an official statutory will form (Cal. Prob. Code § 6240) and recognizes holographic wills (signature and material provisions in the testator's handwriting).
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, California, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. California law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of California.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], California.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
How to Sign Your Will in California
Put the will in writing and sign it (or have someone sign in your presence at your direction, or your conservator sign by court order). Two witnesses must BOTH be present at the same time when you sign or acknowledge the will, must understand it is your will, and each must sign during your lifetime. California does NOT use a separate self-proving affidavit and does NOT require notarization — a properly signed and witnessed California will is effectively self-proved, because at probate it is proved by a subscribing-witness affidavit (Cal. Prob. Code § 8220) or its attestation clause. California also has an official statutory will form (Cal. Prob. Code § 6240) and recognizes holographic wills (signature and material provisions in the testator's handwriting).
California requires 2 witnesses: At least two witnesses, each of whom must be PRESENT AT THE SAME TIME and witness either the signing of the will or the testator's acknowledgment of the signature or of the will, and each must understand that the instrument is the testator's will (Cal. Prob. Code § 6110(c)(1)). Joint presence is required. Interested witnesses are allowed, but a gift to a witness creates a rebuttable presumption that the witness procured it by duress/fraud/undue influence; if not rebutted, the witness takes only what they would receive by intestacy (Cal. Prob. Code § 6112). A will with only one witness can still be admitted if the proponent proves by clear and convincing evidence the testator intended it as a will (harmless-error rule, § 6110(c)(2)).. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. In California, a correctly witnessed will is automatically self-proved, so you do not need a separate affidavit.
California is one of the few states with an official statutory will form in its code. This generator builds a standard attested will, which is more flexible than the fill-in statutory form.
Can You Use a Handwritten (Holographic) Will in California?
Holographic wills are valid, whether or not witnessed, if the signature and the material provisions are in the testator's handwriting (Cal. Prob. Code § 6111). Even so, a typed will signed in front of witnesses is far less likely to be challenged, because handwritten wills are easy to get wrong (unclear gifts, no date, no witnesses) and invite disputes.
Spousal and Family Protections in California
Can you disinherit your spouse? NO traditional elective/forced share. As a community-property state, the surviving spouse already OWNS one-half of all community and quasi-community property; the decedent can will away only their own half of community property plus their separate property. A spouse therefore CAN be disinherited from the decedent's half of community property and from all separate property — there is no right to elect against the will for more. (Protection for an UNINTENTIONALLY omitted spouse is the omitted-spouse rule below, not an elective share.)
Children born after your will: An omitted child born or adopted AFTER all testamentary instruments were executed, and not provided for, receives an intestate-equivalent share — UNLESS omission was intentional and appears from the instrument, the testator left substantially all to the other parent, or provided for the child outside the instrument in lieu. Cal. Prob. Code § 21620 et seq. This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: Protected class is a deceased transferee who is KINDRED of the transferor or kindred of a surviving, deceased, or former spouse of the transferor. The gift passes to that transferee's issue (descendants), who take in the transferee's place by right of representation, unless the instrument expresses a contrary intention. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: 120-hour (5-day) survival rule applies for intestacy and is the default for instruments unless the instrument provides otherwise. Cal. Prob. Code §§ 220-222, 6403, 21109. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: A no-contest clause is enforced against a DIRECT CONTEST only if brought WITHOUT probable cause. Probable cause exists if, at filing, facts known to the contestant would cause a reasonable person to believe there is a reasonable likelihood the relief will be granted after further investigation/discovery. (Also enforceable against pleadings challenging property ownership or creditor claims only if the clause expressly so states.)
Digital assets: California has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: California lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in California?
California is a community-property state. The surviving spouse always inherits the decedent's half of the community property (so all community property ends up with the spouse). Only the decedent's separate property is shared: the spouse takes half if there is one child or no issue (with parents/siblings), and one-third if there are two or more children.
- Spouse, no children: Entire intestate estate (no surviving issue, parent, sibling, or issue of a deceased sibling) — all separate property plus the decedent's half of community property.
- Spouse and shared children: Of the SEPARATE property: spouse takes one-half if the decedent left only one child (or the issue of one deceased child); spouse takes one-third if the decedent left more than one child. The children take the remaining separate property. The spouse also keeps their own community half and inherits the decedent's community half (so all community property stays with the spouse).
- Spouse and a child from another relationship: California's separate-property fractions turn only on the NUMBER of children, not on whether they are the spouse's children. One child = spouse half of separate property; two or more children = spouse one-third of separate property. Note: because the spouse takes the decedent's COMMUNITY half regardless, a child from another relationship gets only their share of the decedent's separate property — the gotcha here is that the decedent cannot redirect the community half away from the spouse by intestacy.
- Children, no spouse: No spouse: entire estate to the decedent's issue; per capita at each generation under Prob. Code 240/6402.
- No spouse or children: No spouse or issue: to parents equally (or surviving parent); then to issue of the parents (siblings/their issue); then to grandparents and their issue; then to issue of a predeceased spouse; then next of kin; then escheat to the state.
Community property: Community property: the surviving spouse already owns one-half; the decedent's one-half of community (and quasi-community) property passes entirely to the surviving spouse by intestacy (Prob. Code 6401(a)-(b)). Only the decedent's SEPARATE property is divided with children/parents/other heirs under 6401(c).
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: Cal. Prob. Code §§ 6401, 6402.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in California?
Yes, if you sign it correctly. California requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my California will need to be notarized?
No. California does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a California will need?
2 witnesses. At least two witnesses, each of whom must be PRESENT AT THE SAME TIME and witness either the signing of the will or the testator's acknowledgment of the signature or of the will, and each must understand that the instrument is the testator's will (Cal. Prob. Code § 6110(c)(1)). Joint presence is required. Interested witnesses are allowed, but a gift to a witness creates a rebuttable presumption that the witness procured it by duress/fraud/undue influence; if not rebutted, the witness takes only what they would receive by intestacy (Cal. Prob. Code § 6112). A will with only one witness can still be admitted if the proponent proves by clear and convincing evidence the testator intended it as a will (harmless-error rule, § 6110(c)(2)). They should be adults who do not inherit under the will.
Can I leave my spouse out of my California will?
NO traditional elective/forced share. As a community-property state, the surviving spouse already OWNS one-half of all community and quasi-community property; the decedent can will away only their own half of community property plus their separate property. A spouse therefore CAN be disinherited from the decedent's half of community property and from all separate property — there is no right to elect against the will for more. (Protection for an UNINTENTIONALLY omitted spouse is the omitted-spouse rule below, not an elective share.)
What happens if I die without a will in California?
California is a community-property state. The surviving spouse always inherits the decedent's half of the community property (so all community property ends up with the spouse). Only the decedent's separate property is shared: the spouse takes half if there is one child or no issue (with parents/siblings), and one-third if there are two or more children.
Does a California will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in California?
Generally 18. Must be at least 18 and of sound mind (Cal. Prob. Code § 6100). No marriage/military exception. You must also be of sound mind.
Can I write my will by hand in California?
California recognizes handwritten (holographic) wills, but they are easy to get wrong and easy to challenge. A typed, witnessed will is much safer.
Do I need a lawyer to make a will in California?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the California requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a California estate-planning attorney. RecordingLaw.com is not a law firm.
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