Is an Online Will Legal in California?
An online service can prepare a valid California will, but it must be printed and executed on paper under § 6110: the testator signs it (or acknowledges the signature or the will) before two witnesses who are present at the same time, understand the document is the testator's will, and sign it during the testator's lifetime. California does not recognize electronic wills, so there is no fully remote signing path.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid California will.
Sign it fully remotely
Paper signingWhether California recognizes an electronic will executed without an in-person paper signing.
What this means for you
No notary is involved in a California will. There is also no notarized self-proving affidavit; instead, an affidavit of a subscribing witness built into the will under § 8220 lets the will be admitted without calling witnesses to court. Avoid leaving a gift to anyone who acts as a witness: unless two other disinterested witnesses signed, § 6112 presumes the gift was procured by undue influence and caps an unrebutted witness's take at an intestate share.
What California Law Requires
The governing law is Cal. Prob. Code div. 6, pt. 1 (Wills), §§ 6100-6390; execution of wills at ch. 2, §§ 6110-6113. Each rule below links to the official source it was read from.
| Requirement | The California rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, sound mind. | Cal. Prob. Code § 6100 |
| Written document | Required. | Cal. Prob. Code § 6110(a) |
| Signature | The testator signs. The will may be signed in the testator's name by some other person in the testator's presence and by the testator's direction, or by a conservator pursuant to a court order to make a will under Prob. Code § 2580. | Cal. Prob. Code § 6110(b) |
| Witnesses | 2. The will must be witnessed by being signed, during the testator's lifetime, by at least two persons, each of whom was present at the same time and witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will, and each of whom understands that the instrument they sign is the testator's will. The two witnesses must be present together for the signing or acknowledgment; the statute does not require that they sign in the testator's presence or in each other's presence. | Cal. Prob. Code § 6110(c) |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Cal. Prob. Code § 8220 |
Signing Day in California
The will must be witnessed by being signed, during the testator's lifetime, by at least two persons, each of whom was present at the same time and witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will, and each of whom understands that the instrument they sign is the testator's will. The two witnesses must be present together for the signing or acknowledgment; the statute does not require that they sign in the testator's presence or in each other's presence.
Harmless error: under § 6110(c)(2), a will not executed in compliance with these requirements is treated as compliant if the proponent proves by clear and convincing evidence that, at the time the testator signed the will, the testator intended it to be the testator's will.
The self-proving step worth adding
California has no separate notarized self-proving affidavit of the kind used in Uniform Probate Code states. Instead, unless there is a contest, § 8220 lets the will be proved on the evidence of one subscribing witness, and that evidence may be received by an affidavit of a subscribing witness, including an affidavit in the original will that includes or incorporates the attestation clause, so witness testimony in court is not needed. Timing: at execution (an affidavit in the original will that includes or incorporates the attestation clause) or later (an affidavit of a subscribing witness with a photographic copy of the will attached).
Choose witnesses carefully
Unless there are at least two other disinterested subscribing witnesses, a devise to a subscribing witness creates a presumption (affecting the burden of proof) that the witness procured the devise by duress, menace, fraud, or undue influence; it does not apply to a devise made solely in a fiduciary capacity. If the witness fails to rebut the presumption, the witness takes only so much of the devise as does not exceed the share the witness would receive if the will were not established.
Shortcuts California Does and Does Not Recognize
Handwritten (holographic) wills
YesThe signature and the material provisions must be in the handwriting of the testator; no witnesses are required. A date is not required, but if the will is undated it is invalid to the extent of any inconsistency with another will unless shown to be later, and it is invalid if the testator lacked capacity at any time during which it might have been executed unless execution during capacity is established. A statement of testamentary intent may appear in the testator's handwriting or as part of a commercially printed form will.
A will that does not comply with § 6110 is valid as a holographic will, whether or not witnessed, if it meets these requirements. (Cal. Prob. Code § 6111)
Oral wills
NoSection 6110(a) requires a will to be in writing except as provided in Part 1 of Division 6, and every will form that part authorizes (witnessed, holographic, statutory, international) is a written instrument; no Probate Code provision authorizes a nuncupative (oral) will, so spoken words cannot operate as a California will. (Cal. Prob. Code § 6110(a))
Electronic wills
NoNo California statute authorizes electronic wills. Section 6110 requires a will (other than a § 6111 holographic will) to be a writing signed by the testator and witnessed by two persons who were present at the same time, and the Probate Code contains no counterpart to the electronic-wills acts of states such as Arizona, Colorado, Nevada, and Washington. A will prepared online must be printed and executed on paper. (Cal. Prob. Code § 6110)
A Will Signed in Another State
A written will is validly executed if it complies with § 6110 or § 6111, the California statutory will (ch. 6, § 6200 et seq.), or the Uniform International Wills Act (ch. 11, § 6380 et seq.); or if its execution complies with the law at the time of execution of the place where it was executed; or with the law of the place where, at the time of execution or at the time of death, the testator was domiciled, had a place of abode, or was a national. (Cal. Prob. Code § 6113)
Keep Going
- The full California will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- California estate planning sets the will beside the other documents a complete plan needs.
- A California revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in California?
Does a California will need to be notarized?
How many witnesses does a California will need?
Are handwritten (holographic) wills valid in California?
Are electronic wills legal in California?
Is a will made in another state valid in California?
Verified against Cal. Prob. Code div. 6, pt. 1 (Wills), §§ 6100-6390; execution of wills at ch. 2, §§ 6110-6113 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in California can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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