Holographic Will in California
California recognizes holographic wills under Probate Code § 6111: a will is valid without witnesses if the signature and the material provisions are in the testator's own handwriting. A date is not strictly required, but an undated holographic will can lose to a conflicting dated will where inconsistency exists.
Last reviewed against current law: 2026-09-14
How California law treats holographic will
California Probate Code § 6111 validates a holographic will when its material provisions — who gets what — and the signature are handwritten by the testator. Printed letterhead or form language does not invalidate the will as long as the operative terms are handwritten; § 6111.5 permits extrinsic evidence to establish testamentary intent.
The traps are practical: an undated holographic will is invalid to the extent it conflicts with a later dated will, and if the testator lacked capacity at any time when the will "might have been executed," an undated instrument can fail. Probate also requires proving the handwriting, typically through a declaration from someone familiar with it.
Example — what a California holographic will looks like. Because § 6111 only reaches the material provisions and the signature, the handwritten core can be short. The sample below is typed here so you can read it; on paper the gift language and the signature would be in the testator's own handwriting.
"This is my last will. I am Ana Beatriz Morales, of Fresno County, California. I am of sound mind and no one is pressuring me. I revoke every earlier will and codicil I have made.
I give my home at 118 Willow Lane, Fresno, California to my daughter, Sofia Morales. I give everything else I own at my death, of any kind, to my daughter, Sofia Morales, and my son, Diego Morales, in equal shares. If either of them does not outlive me by 30 days, that share goes to that child's own children in equal shares.
I name my sister, Carmen Morales Ruiz, as executor, to serve without bond. If she cannot serve, I name my brother, Luis Morales.
Written and signed by my own hand on September 14, 2026. — Ana Beatriz Morales"
Why that fits § 6111 in California. The signature and the material provisions — who gets what — are in the testator's handwriting, which is all subdivision (a) asks for. Subdivision (c) is the part most guides skip: the statement of testamentary intent, the "this is my will" line, may appear either in the testator's handwriting or as part of a commercially printed form will. That is why a partly pre-printed California document can still work where the same page would fail in Texas or North Carolina. The statute sets no date rule, but subdivision (b) makes an undated holographic will invalid to the extent it conflicts with another will, so writing the date in costs nothing and closes that gap.
What the example leaves out. It names no guardian for minor children, creates no trust for a young or disabled beneficiary, says nothing about community property, and does not touch assets that pass outside a will such as retirement accounts and life insurance. It also carries no self-proving affidavit, so the estate has to prove the handwriting at probate — § 6111.5 lets a court take extrinsic evidence on whether a document is a will and on what it means, but assembling that evidence takes time and witnesses.
A properly witnessed California will avoids all of this — two witnesses under Probate Code § 6110, no notarization needed — and probates far more smoothly. Section 6110 also carries a safety valve: a will that misses the two-witness formality can still be treated as executed properly if the proponent shows by clear and convincing evidence that the testator intended the document to be their will.
Primary sources
Frequently asked questions — California
What are the requirements for a holographic will in California?▾
Three, under Probate Code § 6111(a) and (c): the material provisions — the gifts — are in the testator's own handwriting; the document is signed by the testator; and it is clear the document was meant to serve as a will. No witnesses and no notary are involved. The statute sets no date rule, but § 6111(b) makes an undated holographic will invalid to the extent it conflicts with another will, so dating it closes that gap.
Is there a sample California holographic will I can look at?▾
The example on this page shows the shape of one: a line saying the document is your will, your name and county, a revocation of earlier wills, the gifts, an executor, a date, and your signature. Copy the structure, not the page — § 6111(a) reaches the gift language and the signature, so a printout of any sample, ours included, does not do the job on its own.
Does a California holographic will need witnesses?▾
No. Under Probate Code § 6111 a holographic will needs no witnesses — the signature and material provisions simply have to be in the testator's handwriting. Witnesses become relevant only for standard (typed) wills, which need two under § 6110.
Does a California holographic will need to be dated?▾
Not strictly — but an undated holographic will loses to any inconsistent dated will, and capacity challenges become harder to defend. Dating the document is strongly recommended.
Can part of the will be typed?▾
Yes. Pre-printed or typed text does not invalidate a California holographic will if the material provisions and signature are handwritten. § 6111(c) says the statement of testamentary intent itself may sit in a commercially printed form will, and courts may consider the printed portions as context for intent under § 6111.5.