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Home » Estate Planning » How to Create a Legally Valid Will in California

How to Create a Legally Valid Will in California

August 7, 2025Asset Protection, Estate Planning, Black Family Wealth, Black Wealth

(⏱️ 6-Minute Read)

Creating a will in California isn’t just about filling out a form—it’s about making your wishes crystal clear and legally enforceable. Whether you have a modest estate or a sizable portfolio, if your will doesn’t follow state law, your family could face confusion, court battles, or worse—your intentions ignored.

Here’s how to ensure your will stands up in court and protects your legacy.

Who Can Create a Will in California?

Under California Probate Code, you must:

  • Be at least 18 years old
  • Be of sound mind

That means you must understand:

  • You are creating a will
  • What property you own
  • Who your family members are
  • How you want your estate distributed

If you don’t meet these standards, your will can be challenged—and potentially invalidated.

✅ Want to avoid costly mistakes? Join our free in-person seminar on September 9th in Inglewood and get expert guidance on creating an airtight will.

Reserve your seat now.

Writing Your Will: Typed vs. Handwritten

California requires your will to be in writing. You have two legal options:

1. Typed Wills

  • Must be signed by you
  • Must be witnessed by two people (more on that below)

Typed wills are the most common and are easier to verify during probate.

2. Holographic (Handwritten) Wills

  • Must be written and signed entirely in your handwriting
  • Do not require witnesses

While holographic wills are legal, they come with high risks.

Consider this: After painter Thomas Kinkade passed away, his girlfriend produced handwritten notes claiming to be his will. The result? Years of litigation and family turmoil.

Bottom line: if you’re going to use a holographic will, make your language unmistakably clear—and even then, you may be gambling with your legacy.

️ We’ll cover real-world examples like this at our September 9th seminar in Inglewood. If you want to avoid a similar disaster, claim your spot now.

Signing and Witnessing Requirements

To be legally valid, a typed will must be:

  • Signed and dated by you
  • Witnessed by two people present at the same time
  • Witnesses must also sign at the same time as each other

Important: Don’t choose witnesses who stand to benefit from the will. Doing so can raise red flags and lead to claims of undue influence.

While notarization is not required, you can include a self-proving affidavit signed before a notary to streamline the probate process.

Avoid These Common Mistakes
  • Forgetting to sign or date your will
  • Using beneficiaries as witnesses
  • Failing to clearly describe property or recipients
  • Relying solely on handwritten notes

These errors may seem small—but they can open the door to court disputes, delays, and even probate rejection.

Don’t take the risk. Bring your questions and concerns to our September 9th estate planning seminar. We’ll walk you through these pitfalls and how to avoid them.

Seats are limited ; Reserve Yours Now

Keeping Your Will Up to Date

Creating your will isn’t a one-and-done deal. Life changes—so should your estate plan.

Update your will after:

  • Marriage or divorce
  • Birth or adoption of a child
  • Acquiring or selling major assets
  • The death of a beneficiary or executor

Also, don’t forget: beneficiary designations on retirement accounts and life insurance override your will. Make sure your entire plan works together.

Final Takeaway

California’s will laws are clear—but the consequences of ignoring them can be devastating. Take the time to protect your family, your assets, and your peace of mind.

Want expert help creating a will that holds up in court?

Tuesday, September 9th
Collins Law Group Office
Reserve Your Seat Now : Limited Seating

In just one hour, you’ll understand how to:

  • Create a legally valid will
  • Avoid probate pitfalls
  • Protect your family from unnecessary court battles

Collins Law Group
Trusted estate planning for over 40 years
(310) 677-9787
collinslawgroup.com

Save your seat today. A legally sound plan is one hour away.

  • Author
  • Recent Posts
Caprice Collins
Caprice Collins
Attorney Caprice L. Collins is a top rated Harvard Law School graduate. She has 34 years of legal experience with a successful law practice devoted exclusively to Estate/Business Planning and Trust Administration. Attorney Collins is a well-respected keynote speaker on Wills, Living Trusts, Estate Planning, Business Planning and Trust Administration. She has appeared on California’s Real Estate Radio Station KTLK AM 1150 as a legal expert on Estate Planning and Living Trusts among many other notable media appearances Read More!
Caprice Collins
Latest posts by Caprice Collins (see all)
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Client Review
August 19, 2020
    

“My mother told me about the Collins Law Group and I must say, the entire experience has been a real pleasure. Although I was nervous at first, the Collins Law Group staff put me at ease with their friendliness and knowledge. I didn’t realize how hard it could be on your family and loved ones left behind if you die without any planning or directions in place for them. My biggest concern was making sure my elderly mother would be provided for and taken care of if something happened to me. I have been a caregiver for her for 12 years, so this planning was crucially important. I had previously made a living trust for myself on Legal Zoom but there is no comparison to the level of service and professionalism that Collins Law Group embodies. Attorney Collins and her staff provides excellent service and it will take a large burden off of my family when they need guidance at the time of my passing.”

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