Table of Contents
Key Takeaways
California’s Requirements for a Valid Will
When an Unwitnessed (Holographic) Will May Still Be Valid
Proving the Validity of an Unwitnessed Will
How Undue Influence Affects an Unwitnessed Will
Related Resources
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
- California requires two witnesses for a standard (attested) will.
- An unwitnessed will, known as a holographic will, may still be valid if it meets California Probate Code requirements.
- Holographic wills often lead to disputes because they are easier to challenge for fraud or undue influence.
- The party offering the holographic will must prove handwriting, signature, and intent.
California’s Requirements for a Valid Will
Under the California Probate Code, a traditional or attested will must be signed by the testator and witnessed by two people, who must:
- Be present at the same time
- Understand they are witnessing a will
- Be competent adults
- Not receive a gift under the will
When these requirements are not met, the document is not valid as an attested will. However, California still recognizes another category: the holographic will.
When an Unwitnessed (Holographic) Will May Still Be Valid
A holographic will does not require witnesses. California accepts handwritten wills if:
- The material portions are in the testator’s handwriting, and
- The testator signed the document.
Even so, holographic wills are more vulnerable to challenges. Beneficiaries and heirs frequently dispute these wills because handwriting, signature authenticity, and mental capacity can be contested.
Proving the Validity of an Unwitnessed Will
The person asking the probate court to admit a holographic will must show:
- The testator wrote and signed the will.
- The testator intended the document to serve as a will.
- The testator had the mental capacity to create the will, and the document was not the product of undue influence or fraud.
Because the document lacks witnesses, courts rely heavily on handwriting comparisons, expert testimony, and surrounding evidence to determine intent.
How Undue Influence Affects an Unwitnessed Will
Unwitnessed wills are often scrutinized for undue influence. Without witnesses to confirm the circumstances of the signing, questions arise about:
- Whether the testator understood the document
- Whether someone pressured, manipulated, or took advantage of them
- Whether the will reflects the testator’s true intentions
If you suspect undue influence, review Understanding Undue Influence for a deeper explanation of how to prove a will invalid.
Related Resources
- Overview of the California Probate Process
- California Probate Guide: What You Need to Know
- California Probate Litigation Guide: From Will Creation to Final Resolution
- What Are an Executor’s Duties in California?
- How to Get a Copy of a Will in California as a Beneficiary?
- How to Contest a Will in California
- Can’t Afford a Probate or Trust Attorney?
FAQ
Can a handwritten will be valid in California?
Yes. If it is handwritten and signed by the testator, and there is evidence of intent, it may qualify as a holographic will.
Can a holographic will be contested?
Absolutely. These wills are often contested due to uncertainty about handwriting, capacity, or undue influence.
Does a holographic will avoid probate?
No. All wills, witnessed or unwitnessed, must be submitted to probate in California.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published April 29, 2025