Is An Online Will Legally Valid in California?

Yes, online wills are legally valid in California. Even so, there are steps you need to take for it to hold up in court beyond the simple creation of that document.  

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Not to worry, FeedingBird will support you and provide guidance every step of the way.

What Makes an Online Will Legally Valid in California?

Under California Probate Code Section 6110, a typed will must be signed by the testator and witnessed by at least two adults who are present at the same time and understand the document is a will. You do not need to notarize a will to make it valid in California. However, unlike many states, California does not automatically treat a witnessed will as self-proving. Without a self-proving affidavit, a witness typically must confirm the will's proper execution before it can be admitted to probate, either through a signed declaration or, if needed, court testimony. Adding a notarized self-proving affidavit at the time of signing avoids this extra step and can speed up probate later.

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California also recognizes holographic wills under Probate Code Section 6111, meaning a handwritten will can be valid even without any witnesses, as long as the signature and the material provisions, such as who receives what property, are entirely written in the testator’s handwriting.

What You Need to Know about Online Wills in California

Estate laws are known to be very complex and vary from state to state. If you want to avoid a long, costly court process, it’s advised to structure your online will appropriately.

California Property Laws

In California, property is either community property or separate property, and this distinction greatly affects who inherits which assets when no will is present. Community property includes assets acquired during the marriage. Separate property includes anything owned before the marriage or items that were acquired by gift or inheritance. Without a will, a spouse already owns half of the community property outright and inherits the decedent's half as well, while separate property may be split with any surviving children.

California Probate

Most estates in California go through probate court. As of 2025, estates with personal property valued at $208,850 or less can typically use a simplified small estate procedure instead, once 40 days have passed since the death. Real property has a separate, lower threshold of $69,625.

Avoiding Probate in California

Probate is often lengthy and expensive. For those reasons, many people wish to avoid probate court whenever possible.. The following are some ways that can be accomplished.  

• A revocable living trust is one way to avoid probate. A living trust gives you control over your estate as the trustee, and names a successor trustee who will manage distribution after your death.

• Financial and retirement accounts can have designated beneficiaries. A payable-on-death (POD) designation specifies who receives money at the time of your death, and a transfer-on-death (TOD) designation identifies a successor for brokerage accounts.

• Identify a beneficiary for real estate using a revocable transfer-on-death deed, which automatically names a new owner for that property upon your death.

• Hold property as joint tenants with right of survivorship, which allows that property to automatically pass to the surviving owner outside of probate.

Want to learn more about trusts? Discover what is included in a trust.