✍️ Sarah Mitchell
·
⚖️ Legally reviewed by James Hartley, J.D.
·
Last reviewed: May 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent and not influenced by affiliate relationships. This article is for informational purposes only and does not constitute legal advice.
California residents have more options than ever for creating a legally valid will online — and the process is simpler than most people expect. Whether you own a house in the Bay Area, have a blended family in Los Angeles, or just want the peace of mind of having your wishes documented, an online will service can get you there in under an hour for a fraction of what an attorney charges.
That said, California has some specific legal requirements — and some unique considerations, like being a community property state with notoriously expensive probate — that affect how you should approach estate planning. This guide explains exactly what the law requires, which services work best for Californians, and when you might need professional legal help.
Is an Online Will Legal in California?
Yes — online wills are fully legal in California when properly executed. The California Probate Code sets out clear requirements for a valid will, and every major online will service is designed to meet those requirements exactly.
Under California Probate Code § 6110, a valid will must be in writing, signed by the testator (or by another person in the testator's presence and at their direction), and witnessed by at least two adults who were present at the signing.
An online will service walks you through answering questions about your estate, then generates a properly formatted legal document. You print it, sign it in front of two witnesses, and you have a legally valid California will. Notarization is not required — though you can add a notarized self-proving affidavit that makes probate easier later.
California also recognizes holographic wills — entirely handwritten and signed documents with no witnesses required (Probate Code § 6111). However, holographic wills are easier to contest and harder to prove valid. We strongly recommend a witnessed will from a reputable online service over a handwritten one.
California Will Requirements Checklist
✔ California Legal Will Requirements
- You are at least 18 years old (or an emancipated minor)
- You are of sound mind at the time of signing
- The will is in writing (typed or printed is fine)
- You sign the will (or direct someone to sign it in your presence)
- Two adult witnesses sign the will in your presence and in each other's presence
- Witnesses are NOT required to be notarized — but a notarized self-proving affidavit is recommended
- Witnesses should not be beneficiaries (to avoid the interested witness rule)
- No specific wording required — plain language is acceptable
Best Online Will Services for California Residents
We tested all three major services with California-specific scenarios — community property, real estate, blended families. Here's how they compare:
Best overall for California residents — handles community property, trusts, and the full estate planning picture
Will plan from
$199
California-Specific Documents
Community Property Guidance
Living Trust Available
Free Updates Included
Attorney Network
Trust & Will is our top pick for California because it explicitly addresses community property in the questionnaire, includes guidance on pour-over wills and living trusts (essential for CA property owners), and produces documents designed for California probate courts. The trust plan starts at $399 — worth it if you own real estate.
✅ Pros
- Community property aware
- Clean, guided process
- Includes trust option
- Free lifetime updates
❌ Cons
- Higher price than LawDepot
- No attorney consultations included
Start Your California Will at Trust & Will →
Best if you want optional attorney access alongside your California will
Will plan from
$89
All California Documents
Attorney Consultations
25+ Years Trusted
LegalZoom works well for California wills and includes an attorney access subscription if you have questions about your specific situation. Watch for upsells — the base $89 price often climbs with add-ons.
✅ Pros
- Attorney network available
- Wide document library
- Trusted brand
❌ Cons
- Aggressive upsells
- Updates cost extra
- Less intuitive than Trust & Will
Visit LegalZoom →
Best for budget-conscious Californians who want a basic will quickly
Plan from
$9.95/mo
Low Monthly Cost
California Templates
Print & Download
LawDepot is the most affordable option and produces valid California wills. The interface is more form-based and less guided — fine for simple estates, but less ideal if your California situation involves community property nuances or real estate.
✅ Pros
- Very low cost
- Quick to complete
- Includes CA-specific format
❌ Cons
- Less guided experience
- Subscription model
- Limited estate planning depth
Visit LawDepot →
How Much Does an Online Will Cost in California?
California estate planning attorneys are among the most expensive in the country, making online services even more valuable here. Here's the full cost comparison:
| Option | Cost | What's Included |
|---|
| Trust & Will (Will Plan) | $199 | Will, POA, healthcare directive, free updates |
| Trust & Will (Trust Plan) | $399 | Living trust, pour-over will, all directives |
| LegalZoom (Basic Will) | $89–$179 | Will only; directives cost extra |
| LawDepot | $9.95/mo | Will and basic documents while subscribed |
| Estate Planning Attorney (CA) | $1,500–$3,500+ | Custom documents, attorney advice |
| Attorney (Trust + Will) | $2,500–$5,000+ | Full trust package with attorney drafting |
The savings are substantial: an online will package costs 90–95% less than hiring a California estate planning attorney. For a straightforward estate — clear beneficiaries, no unusual assets, no contested family situations — an online service is entirely appropriate.
California-Specific Considerations
Community Property: What It Means for Your Will
California is one of only nine community property states in the US. This significantly affects your will. Any asset acquired during your marriage — income, real estate, investments, vehicles — is considered equally owned by both spouses. You can only leave your half (50%) of community property in your will. Your spouse's half is theirs regardless of what your will says.
Separate property — assets you owned before marriage, or received as a gift or inheritance during marriage — is yours to distribute freely. If you're not sure whether an asset is community or separate property, that's a good reason to consult an attorney.
California Probate: Expensive and Slow
California's probate process is one of the most expensive and time-consuming in the country. Any estate with gross assets over $184,500 must go through formal probate. Attorney fees in probate are set by statute — 4% of the first $100,000, 3% of the next $100,000, and so on — which can easily total $15,000–$25,000 on a modest home. The process typically takes 12–18 months.
This is why California property owners are strongly advised to use a living trust rather than relying solely on a will. A revocable living trust passes your assets directly to beneficiaries without probate.
No California State Estate Tax
Good news: California has no state estate tax. Only the federal estate tax applies, with an exemption of $13.61 million per person in 2026. The vast majority of Californians will never owe federal estate tax either, despite high property values.
Homestead Exemption
California's homestead exemption protects $300,000–$600,000 of home equity from creditors (the amount varies by county median home price). This is a creditor protection tool, not a way to avoid probate — but it's worth knowing as you plan your estate.
Step-by-Step: How to Make a Will in California Online
-
1
Choose your service Visit Trust & Will, LegalZoom, or LawDepot. For most Californians — especially property owners — we recommend Trust & Will for its community property guidance and trust options.
-
2
Complete the questionnaire Answer questions about your assets, beneficiaries, executor, and any specific wishes. Good services ask about community vs. separate property for California residents. This typically takes 20–45 minutes.
-
3
Review and download your documents Review the generated will carefully. Confirm your beneficiaries, executor name, and asset distributions are correct before proceeding.
-
4
Sign in front of two witnesses Print your will and sign it in the presence of two adult witnesses who are not beneficiaries. Both witnesses must also sign in your presence and in each other's presence. This step makes the will legally valid in California.
-
5
Store safely and tell your executor Keep the original in a fireproof safe or safe deposit box. Give a copy to your executor and let them know where the original is. Consider adding a notarized self-proving affidavit to simplify future probate proceedings.
Frequently Asked Questions
Is an online will legal in California?
Yes. Online wills are fully legal in California under Probate Code § 6110 as long as they are in writing, signed by you, and witnessed by two adults present at the same time. No notarization is required, though a notarized self-proving affidavit is recommended to simplify future probate.
How many witnesses does a California will require?
California requires exactly two witnesses. Both must be present simultaneously when you sign. Witnesses should not be beneficiaries of the will — a witness who is also a beneficiary risks forfeiting their inheritance under California's interested witness rule.
Does a California will need to be notarized?
No — notarization is not required for a California will to be valid. However, a notarized self-proving affidavit makes probate faster by eliminating the need to locate witnesses after your death. It's an optional but worthwhile step.
Are holographic wills valid in California?
Yes, under Probate Code § 6111. A holographic will must be entirely handwritten and signed by you — no witnesses required. However, holographic wills are more easily contested and harder to prove valid. A properly witnessed will from an online service is far preferable.
What triggers probate in California?
California estates with gross assets over $184,500 must go through formal probate. This threshold includes real estate at full market value. Given California home prices, almost every homeowner's estate will exceed this threshold — making a living trust highly advisable for property owners.
Is California a community property state?
Yes. All assets acquired during marriage belong equally to both spouses. You can only leave your half of community property in your will. Separate property — owned before marriage or received as a gift/inheritance — is yours to distribute freely. Trust & Will's California questionnaire addresses this directly.
How much does an online will cost in California?
Online will services for California residents cost $89–$199 for a full will package. Trust & Will's will plan is $199 (individual) and includes power of attorney, healthcare directive, and free updates. This compares to $1,500–$3,500+ for a California estate planning attorney.
Should I get a will or a living trust in California?
If you own real estate in California, you almost certainly need a living trust to avoid the state's expensive probate process. A will alone won't protect your estate from probate if assets exceed $184,500. Most California estate planners recommend a revocable living trust plus a pour-over will to catch any assets not transferred into the trust.