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What Makes a Handwritten Will Valid in California?

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Table of Contents
Key Takeaways
What Is a Valid Will in California?
Requirements for a Handwritten (Holographic) Will in California
When California Law Requires Witnesses
How You Can Change a Handwritten Will
Why Clarity Matters in a Handwritten Will
Frequently Asked Questions
Related Resources
How The Grossman Law Firm Can Help

Key Takeaways

  • Under California law, a testator can create a valid handwritten (holographic) will by signing and dating it.
  • A holographic will does not need witnesses or notarization.
  • Typed wills, however, must be signed by the testator and two witnesses who are not beneficiaries of the estate.
  • Regular updates or codicils help ensure the will accurately reflects the testator’s current wishes and assets.

What Is a Valid Will in California?

Under California law, a valid will must clearly express how a person’s property should be distributed after death. The will’s author, known as the testator, must meet certain legal requirements to ensure that the document can be enforced by the probate court.

At The Grossman Law Firm, we often see disputes arise when a will fails to meet these legal standards—especially with handwritten wills that lack clarity or formalities. Understanding what makes a handwritten will valid can help avoid future conflict among heirs and beneficiaries.

Requirements for a Handwritten (Holographic) Will in California

A handwritten will is known as a holographic will under California Probate Code §6111. For it to be valid, it must meet the following criteria:

  1. Written by the testator – The material provisions (such as who receives property) and the signature must be in the testator’s handwriting.

  2. Signed and dated – The testator must sign and date the will to confirm its authenticity.

  3. No witnesses required – A holographic will remains valid even without witnesses or notarization.

Although these wills are simple to create, they can lead to confusion or disputes later. For example, unclear handwriting, missing dates, or ambiguous language may cause beneficiaries to challenge the document’s validity in probate court.

When California Law Requires Witnesses

If a will is typed or prepared by someone else, it must follow a different set of rules:

  • The testator must sign the will.
  • At least two adults must also witness it.
  • Those witnesses cannot be beneficiaries named in the will.

The witnesses must sign the will in the presence of the testator, confirming that the testator appeared of sound mind and was not acting under duress or undue influence.

How You Can Change a Handwritten Will

Yes. A will can be changed or updated at any time before the testator’s death. These changes are made through a document called a codicil, which must meet the exact formal requirements as the original will—meaning it must be handwritten, signed, and dated (for a holographic codicil) or properly witnessed (for a typed will).

Regularly reviewing and updating a will ensures that it reflects current property ownership, family changes, or new wishes. Outdated wills often become the source of probate litigation, particularly when the will no longer matches the testator’s true intentions.

Why Clarity Matters in a Handwritten Will

Ambiguity is one of the biggest challenges in enforcing handwritten wills. If the language is unclear or the property is described imprecisely, beneficiaries may disagree over what the testator meant. In such cases, the probate court must interpret the document, which can delay the distribution of the estate and increase legal costs.

For larger or more complex estates, it’s advisable to have an attorney draft or review the will to ensure it complies with California law and accurately reflects the testator’s wishes.

FAQ

Does California require notarization for a handwritten will?
No. California law does not require notarization or witnesses for a holographic will—it only needs the testator’s signature and date.

Can someone type a handwritten will later for clarity?

Yes, but doing so changes its classification. A typed version must comply with the formal witnessing requirements under California Probate Code § 6110.

What happens if a handwritten will is unclear or incomplete?

The court may find parts of the will invalid or require interpretation, which can result in a will contest or partial intestacy (distribution under default inheritance laws).

Can someone use a preprinted “fill-in-the-blank” will in California?

Yes, if properly completed, signed, and witnessed in accordance with California’s legal requirements. However, these forms can still cause confusion or disputes if not filled out correctly.

Related Resources

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help heirs and beneficiaries throughout California resolve disputes involving handwritten and formal wills. Whether you’re contesting a will’s validity or defending its terms, our team can guide you through the probate process and protect your inheritance rights.

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: June 28, 2017