Estate plan
Everything to plan your estate in California: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will
2W
Trust
—
POA
—
HC Directive
2W
E-will
Not adopted
RON
Enacted
Effective 2030-01-01
ROW
Not allowed
Remote online witnessing
Community property
Yes
Minimum age
18
SB 1458 broadens RUFADAA to include agents acting under a power of attorney and court-appointed conservators, in addition to executors and trustees. Important for anyone with significant cryptocurrency or cloud accounts.
SB 696 authorizes RON in California but delays implementation until the Secretary of State completes its technology project or until January 1, 2030, whichever comes first. Out-of-state RON is currently recognized for California documents.
Takes effect: January 1, 2030
Cal. Prob. Code §6100 et seq.
Witnesses: 2 required
Two witnesses must be present at the same time to witness testator signing or acknowledgment
Witnesses sign together: Required
California requires the attesting witnesses to sign in each other's presence; signing within a reasonable time of one another is not sufficient.
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Valid
Handwritten wills without witnesses are recognized in California
Self-proving affidavit: Available
California uses a witness declaration under penalty of perjury per Cal. Prob. Code §8220, with a notary acknowledgment as an alternative alongside the witness declaration.
Cal. Fam. Code §760 et seq.
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Cal. Prob. Code §4401
Last verified: 2011-07-25
Witnesses: None required
No witnesses required for power of attorney
Notarization: Accepted as alternative to witnesses
Cal. Prob. Code §4121 requires EITHER acknowledgment before a notary public OR signatures of at least two witnesses who satisfy §4122. The §4401 Uniform Statutory Form is typically notarized in practice; executing a §4401 form with witnesses only is valid under §4121 but forfeits the §4406 third-party-acceptance presumption that protects agents from third-party refusals.
Key features of California POA
State-specific notes
Cal. Prob. Code §§4700-4701
Witnesses: 2 required, or notary
California accepts either 2 witnesses or notarization
Notarization: Accepted as alternative
Acknowledged before a notary satisfies the 2-witness requirement. Cal. Prob. Code §4673
State-specific notes
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Advance Health Care Directive (serves as agent-designation vehicle)
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
In this state: California recognizes a statutory Advance Health Care Directive (serves as agent-designation vehicle); we follow that form. (Cal. Health & Safety §7100.1 (written directions); agent designation typically via AHCD under Cal. Prob. Code §§4600, 4673)
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
In this state: Cites the California Confidentiality of Medical Information Act, Welf. & Inst. Code §5328 (mental health), §4514 (developmental disability), Health & Safety Code §120980 (HIV), and Civ. Code §56.17 (genetic), with §56.11 scaffolding (right to receive a copy, right to inspect or copy records, 14-point type).
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. Plus
California is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.
Married couples should consider how community property rules interact with their will, trust, power of attorney, and healthcare directive to ensure consistent coverage.
California has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
California has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
California authorized RON in 2024. This law does not take effect until 2030-01-01. SB 696 (2023) enacted California's RON framework effective Jan 1, 2024, but California-licensed notaries cannot perform in-state RON until the Secretary of State's technology project is implemented (statutory deadline: Jan 1, 2030). The ronYear field reflects the year SB 696 took effect; ronEffectiveDate reflects the date in-state RON becomes operative. Out-of-state RON acts may be recognized under amended Civ. Code §§1181.1, 1182, 1183 even before 2030.
Will
Not allowed
Trust
Not allowed
POA
Not allowed
California does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.
Will
Not allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Not allowed
Last reviewed: April 24, 2026.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in California for guidance specific to your situation.