What are the requirements for a valid will in California?

What the Law Says

California law sets clear formal requirements for a will to be legally valid. These rules ensure the document reflects the testator’s true intent and prevent fraud or coercion.

To be valid, a will in California must be in writing — oral (nuncupative) or handwritten (holographic) wills have special rules, but the standard 'attested' will must meet statutory formalities.

The testator must be at least 18 years old and of sound mind — meaning they understand the nature of their property, their family relationships, and the effect of the will.

The will must be signed by the testator — or by another person in the testator’s presence and at their direction. Two or more competent witnesses must then sign the will within 30 days of each other and in the testator’s presence.

Statutory Text

A will shall be in writing and signed by the testator or by another person in the testator's presence and by the testator's direction. The will shall be witnessed by at least two persons who each witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will.

— Probate Code § 6110 — Requirements for attested will

Statutory Text

Each witness shall sign the will within 30 days after the testator signs the will or acknowledges the will in the witness's presence.

— Probate Code § 6110(c) — Witness signing deadline

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