Requirements for a Valid Will in California
Creating a will is one of the most important steps in the estate planning process. It allows you to dictate how your assets will be distributed after your death, name a guardian for your minor children, and appoint someone you trust to carry out your wishes. But simply writing down your intentions isn’t enough to ensure your wishes will be honored. In California, there are specific legal requirements that must be met for a will to be considered valid. Understanding these rules is essential for protecting your legacy and giving your loved one’s peace of mind.
At Blasser Law, we help individuals and families throughout Los Angeles and the San Gabriel Valley navigate the estate planning process with confidence. Whether you’re creating your first will or updating an existing one, we can help ensure it complies with California law and truly reflects your wishes. Learn about the requirements for a valid will in California below, and contact Blasser Law for customized guidance and support from a team of skilled and experienced Claremont estate planning wills and trusts lawyers.
Who Can Make a Will in California?
Under the California Probate Code, any person who is at least 18 years old and of sound mind can create a valid will. Being “of sound mind” means you understand the nature of making a will, the extent of your property, and the individuals who are your natural heirs. If there is evidence that the person lacked capacity—due to dementia, mental illness, or undue influence from another party—the will can be challenged and possibly declared invalid.
Basic Requirements for a Valid Will
In most cases, a valid California will must be in writing, signed by the testator (the person making the will), and witnessed by at least two people. Here’s how each of these elements works:
Written Document
California requires that wills be written, either typed or handwritten. Verbal or “oral” wills are not recognized under California law, regardless of the circumstances in which they were made.
Signature of the Testator
The will must be signed by the testator or by someone else at the testator’s direction and in their presence. This requirement helps ensure that the will reflects the testator’s true intentions. If the testator cannot physically sign the will, another person can do so on their behalf, but only under direct supervision and instruction.
Two Witnesses
The will must be signed by at least two competent witnesses who are present at the same time and who either see the testator sign the will or hear the testator acknowledge the signature. Witnesses must also understand that the document they are signing is a will. Importantly, these witnesses should not be beneficiaries of the will, as doing so can create a presumption of undue influence and put their inheritance at risk.
What About Holographic Wills?
California recognizes what’s known as a holographic will—a will that is handwritten by the testator and does not need to be witnessed. To be valid, the material provisions of the will (such as who gets what) must be in the testator’s handwriting, and the document must clearly show an intent to create a will. While holographic wills can be legally valid, they are often incomplete, unclear, or prone to disputes. Whenever possible, it’s best to consult with an estate planning attorney to avoid potential complications.
Common Pitfalls That Can Invalidate a Will
Even if a will appears to meet the legal requirements, certain mistakes or oversights can lead to serious problems down the line. For example, including vague language, failing to update the will after major life changes (like marriage, divorce, or the birth of a child), or using do-it-yourself templates that don’t comply with California law can all create issues. Additionally, if a will is suspected to have been created under duress or through fraud, it can be challenged in probate court.
To protect your estate and ensure your will stands up to legal scrutiny, it’s essential to work with an experienced attorney who understands the intricacies of California probate law.
Do You Need to Notarize a Will in California?
Unlike some other legal documents, California law does not require a will to be notarized to be valid. However, you can make a will “self-proving” by including a notarized affidavit signed by the testator and the witnesses. A self-proving will can help streamline the probate process because the court won’t need to call the witnesses to verify the will’s authenticity.
Updating and Revoking a Will
A will is not a static document. Life changes—and so should your estate plan. If you marry, divorce, have children or grandchildren, acquire significant assets, or experience other major life events, it’s a good idea to review your will and make updates as needed. You can revise your will by creating a new will that explicitly revokes the old one or by executing a codicil, which is a legal document that amends certain parts of the will.
If you destroy the original document with the intent to revoke it—such as by tearing it up or burning it—the will is no longer valid. However, this can create complications if a copy of the will still exists or if someone disputes the revocation. It’s best to consult with an estate planning attorney when making any significant changes.
Get Help Creating a Legally Valid Will in Los Angeles & the San Gabriel Valley
Creating a valid will is not just about checking legal boxes—it’s about making sure your wishes are respected, your loved ones are protected, and your legacy is preserved. At Blasser Law, we’re here to guide you through every step of the estate planning process. From drafting a legally sound will to addressing complex family and financial dynamics, we provide personalized solutions tailored to your needs.
If you live in Claremont, Los Angeles, or anywhere in the San Gabriel Valley, contact Blasser Law today to schedule a free consultation. Let’s work together to give you and your family peace of mind for the future.
