What Is the Simplest Form of a California Will?

If you live in California and are just starting your estate planning journey, you might be wondering: What’s the simplest way to create a will? The good news is that California law allows for a few straightforward ways to document your wishes. In this post, we’ll break down the simplest form of a California will, its legal requirements, and when a more formal will might be a better option.

What Is a Will?

A will is a legal document that spells out who should receive your property when you pass away and who should oversee the process (your executor). In California, a valid will can help your loved ones avoid confusion—and possibly reduce delays in probate court. But not all wills are created equally, and some forms are simpler than others.

The Simplest Form: The California Holographic Will

The simplest legally valid form of a will in California is a holographic will. This is a handwritten will that meets a few basic requirements:

To be valid under California law, a holographic will must:

• Be written entirely in your own handwriting

• Be signed by you (the testator)

• Clearly show intent that the document is your will (e.g., “This is my last will and testament…”)

• Include the date it was written (strongly recommended, though not required)

That’s it. No notary. No witnesses. No law firm.

When Is a Holographic Will a Good Idea?

A holographic will might be suitable if:

• You have a very simple estate with few assets

• You need to make a quick, emergency will

• You don’t have access to legal help or estate planning software

That said, this type of will still needs to go through California Probate Court, and its informal nature can lead to disputes or challenges.

What Are the Downsides?

While the holographic will is simple, it’s not always the best choice. Here’s why:

• Ambiguity: Unclear language can lead to fights between beneficiaries.

• Probate problems: Your handwriting and intent may be questioned.

• No built-in structure: Holographic wills don’t usually name backup executors or guardians.

• Missed legal steps: You might unintentionally leave out key provisions, like what happens if a beneficiary predeceases you.

Even a small estate can become complicated if the will is unclear.

Other Simple Alternatives

If you want something a bit more formal but still straightforward, California offers a Statutory Will form. This is a fill-in-the-blank will created by the California legislature. It’s available for free online, and it provides a basic structure for:

• Naming beneficiaries

• Naming an executor

• Indicating guardianship for minor children

However, the California Statutory Will must be signed in front of two witnesses (not beneficiaries), and it’s best for people with very modest estates.

Should You Always Use a Lawyer?

Not necessarily. But if you:

• Own real estate in California

• Have minor children

• Are concerned about potential disputes

• Want to minimize probate delays

…then a professionally drafted will—or a more comprehensive estate plan—can save your loved ones time, money, and stress.

Final Thoughts

The simplest form of a California will is the holographic will—a handwritten, signed document. It’s legal, easy to create, and requires no witnesses or notaries. But with that simplicity comes risk. A simple will can turn into a complex California probate estate if your wishes aren’t clearly spelled out.

When in doubt, talk to a California estate planning attorney. They can help you choose the right kind of will for your situation—and make sure your final wishes are honored in and outside of California Probate Court.

Need help creating your will?

We assist Californians at all stages of life with will drafting, probate planning, and full estate plans tailored to your needs. Reach out today for a consultation.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.