California will requirements

Minimum Age Requirement

• 18 years old
• Reference: California Probate Code § 6100

Mental Capacity Requirements

• The testator must be of "sound mind" (§ 6100.5)
• Must be able to:

- Understand the nature of the testamentary act (making a will) - Understand and recollect the nature and situation of their property - Remember and understand their relations to living descendants, spouse, parents, and others whose interests are affected - Not suffer from a mental disorder with symptoms that cause them to devise property in a way they would not otherwise have done

Signature Requirements

• The will must be signed by the testator
• Alternatively:

- The testator's name may be signed by another person in the testator's presence and at their direction, OR - The testator may make a mark if they acknowledge it as their signature

• Reference: California Probate Code § 6110

Witness Requirements

• Two (2) witnesses required
• Each witness must be present at the same time to witness either the testator signing or the testator's acknowledgment
• Witnesses must sign the will during the testator's lifetime
• Witnesses must understand the instrument is the testator's will
• Interested witnesses: Will is not invalid, but the interested witness's gift may be reduced unless there are two other disinterested witnesses (§ 6112)
• Reference: California Probate Code § 6110

Notarization Requirements

• Not required for a will to be valid
• Notarization is typically used for self-proving affidavits

Holographic (Handwritten) Wills

• VALID in California
• The signature and material provisions must be in the testator's own handwriting
• No witnesses required
• Does not need to be dated (though recommended)
• Reference: California Probate Code § 6111

Video Wills

• NOT valid as a standalone will
• Video recordings cannot substitute for a written will

Self-Proving Affidavit Requirements

• California allows wills to be made self-proving (§ 8220)
• A self-proving will may be admitted to probate without testimony of witnesses
• Requirements:

- An affidavit of a subscribing witness taken at execution or later - The affidavit must be signed before a notary public

• Alternative: Witness testimony may be provided by declaration under penalty of perjury

Guardian Designation

Naming a Guardian in Your Will

• A will is the primary legal mechanism for designating a guardian for minor children
• The court gives strong weight to your named choice but always applies a "best interests of the child" standard
• Name both a primary guardian and an alternate guardian in case your first choice is unable or unwilling to serve

What Courts Consider

• Your expressed preference (named in will)
• The guardian's relationship with the child
• The guardian's ability to provide care, stability, and continuity
• Geographic proximity and disruption to the child's life
• The child's own preferences (typically considered for children 12+, varies by state)

Limitations

• A guardian named in a will is not automatically appointed — probate court must formally appoint them
• Courts can override your named guardian if circumstances warrant
• A guardian cannot be legally appointed until the court acts — name a standby guardian or make arrangements for immediate temporary care

Best Practices

• Discuss your choice with the person before naming them
• Consider naming successor guardians
• Update your will if your chosen guardian's circumstances change

California-Specific Notes

• Probate Code § 1500 — named guardian is presumptive; court must hear petition within 30 days if disputed

Digital Assets

Authorization in Your Will

• RUFADAA adopted: Yes (2016)
• Under RUFADAA, you can authorize your executor to access, manage, distribute, or delete digital assets in your will
• Without explicit authorization, digital service providers may deny access even to executors

What to Include in Your Will

• Online accounts (email, social media, cloud storage)
• Cryptocurrency and digital wallets (include instructions for accessing private keys separately — never in the will itself, which becomes public record)
• Domain names, websites, online businesses
• Digital photos, files stored in cloud services
• Subscription services and stored value accounts

Key Guidance

• Name your digital executor explicitly if possible (can be same as your main executor)
• Store login credentials and recovery keys in a secure password manager or safe deposit box — reference the location in your will without listing the credentials themselves
• Review digital asset provisions with beneficiaries so they know what exists

Electronic Wills (E-Wills)

What is an Electronic Will?

An electronic will (e-will) is a will created, signed, and witnessed entirely in digital form — using electronic signatures and remote online witnessing or notarization. This is distinct from a video will (a video recording), which is not valid anywhere.

California Status

• E-wills: Not established — California has not enacted e-will legislation
• A traditional paper will with physical signatures and in-person witnesses is required
• Electronic signatures on a will are not recognized

> Note: Electronic will laws are evolving rapidly across the US. Several states have enacted legislation since 2017. Verify current California law before assuming e-wills remain unavailable.

Official sources

• California Probate Code Division 6 - Wills and Intestate Succession ↗
• California Courts - Probate ↗