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The California Probate Code sets the rules; how you sign decides whether the will works. Build a California will to those rules and get exact signing instructions. Community property guidance included.
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This is an AI-generated draft for review. It is not legal advice.
Must be in writing (typed or printed). California also recognizes holographic (handwritten) wills under Probate Code § 6111.
Requires 2 witnesses (18+) present at the same time. Witnesses must see you sign or acknowledge your signature.
Must be 18 years or older and of sound mind. You must understand your assets and who your beneficiaries are.
Strongly recommended. A notarized affidavit allows your will to be admitted to probate without witness testimony.
Property acquired during marriage is presumed 50% owned by each spouse. In your will, you can only dispose of:
Confirm community and separate ownership before recording a gift.
Under California Probate Code § 6110, a valid will must be: (1) in writing, (2) signed by the testator, and (3) signed by at least 2 witnesses who were present when the testator signed. The testator must be 18 years or older and of sound mind.
Yes. California is a community property state, meaning property acquired during marriage is presumed 50% owned by each spouse. You can only dispose of your 50% share of community property in your will. Separate property (pre-marriage, gifts, inheritance) is fully disposable.
No, notarization is not required for a California will to be valid. However, a self-proving affidavit (which is notarized) is strongly recommended as it allows the will to be admitted to probate without requiring witness testimony.
Yes. Under California Probate Code § 6111, holographic wills are valid if the material provisions and signature are in the testator's own handwriting. No witnesses are required for holographic wills. However, typed wills with witnesses are generally recommended.
You can disinherit your spouse from your separate property, but California law protects spouses' rights to their 50% share of community property. If you omit your spouse from your will and got married after making the will, they may have a right to a share under California's pretermitted spouse statute.
Organise your wishes and check the supported scope. AI checks do not replace individual professional review.
Check AvailabilityDraft only. Check availability before starting. No payment during the questionnaire.