Statutory will form vs a custom California will
| Statutory will (§ 6240) | Custom will draft | |
|---|---|---|
| Who it is for | California residents age 18 or older and of sound mind, who are single, married, in a domestic partnership or divorced and want a simple will. | Anyone who wants terms the fill-in form does not offer, such as specific gifts, a named guardian or a different distribution. |
| Format | Fixed form with blanks you complete and sign. | Draft built from your questionnaire answers, reviewed for gaps. |
| Notary | Not needed; notarization will not fulfill the witness requirement. | Not needed; two witnesses (§ 6110). |
| Cost | Published in the Probate Code. | $29 one-time per draft. |
The statutory form itself says to talk to a lawyer if, for example, you have assets above the federal estate-tax exclusion, business assets, trust funds or assets in another state, if you want to disinherit your spouse, or if you have pensions or retirement accounts to coordinate (Prob. Code § 6240).
How to sign a California will
- Sign the will. Print it and sign it, or direct another person to sign your name in your presence (§ 6110(b)).
- Have two witnesses sign. Both are present together when you sign or acknowledge the will, understand it is your will, and sign it.
- Have them sign the attestation clause. The witnesses sign the attestation clause in the will so it can be proved without them later (§ 8220(b)).
- Store it safely. Keep the original where your executor can find it.
For the statutory will, you complete the blanks and sign, and each witness observes the signing and signs in your presence (Prob. Code § 6221). A will is valid only when signed and witnessed as California requires.
One-time price. Guided AI draft based on California signing rules. Pactlio is not a law firm.
California signing rules
In writing and signed
A will must be in writing and signed by you, or in your name by another person in your presence and at your direction (Prob. Code § 6110(a)-(b)).
Two witnesses
At least two people, present at the same time, must witness your signing or your acknowledgment of the signature or the will, understand that the document is your will, and sign during your lifetime (§ 6110(c)(1)).
Handwritten wills
A will that does not meet § 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in your handwriting (§ 6111(a)).
No separate self-proving affidavit
California has no separate self-proving affidavit. In an uncontested probate, a witness's affidavit, attached to the will or built into its attestation clause, proves it (§ 8220(b)).
Keep reading
Frequently asked questions
Is there an official California will form?
Yes. Probate Code § 6240 sets out the California Statutory Will, a fill-in form for California residents. It is a simple will, and the form itself tells you to talk to a lawyer in some situations, such as larger estates, business assets, trusts or assets in another state. Pactlio is an AI drafting service, not a law firm, and does not give legal advice.
Do I need a notary for a California will?
No. The statutory will form says you do not need to have it notarized and that notarization will not fulfill the witness requirement. Prob. Code § 6110 asks for two witnesses, not a notary. Pactlio is an AI drafting service, not a law firm, and does not give legal advice.
How many witnesses does a California will need?
At least two people who are present at the same time, who witness your signing or your acknowledgment of the signature or the will, and who understand the document is your will (Prob. Code § 6110(c)(1)). Pactlio is an AI drafting service, not a law firm, and does not give legal advice.
Is a handwritten California will valid?
A handwritten will can be valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in your handwriting (Prob. Code § 6111). Pactlio is an AI drafting service, not a law firm, and does not give legal advice.
What does the $29 custom California will include?
$29 is a one-time price per draft, before tax or discounts. It covers the AI-generated draft for review, PDF and Word downloads, review findings and a personal completion checklist. Individual professional review, witness or notary services, and estate administration are not included. No payment is taken during the questionnaire.
Sources
- Cal. Prob. Code § 6110 (execution)
- Cal. Prob. Code § 6111 (holographic wills)
- Cal. Prob. Code § 6240 (California Statutory Will)
- Cal. Prob. Code § 8220 (proof of a will)
Statute text read on October 31, 2026. A will is valid only when signed and witnessed as your state requires. Pactlio is an AI drafting service, not a law firm.
This is an AI-generated draft for review. It is not legal advice.