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Plan an estate in California
Last reviewed Oct 29, 2026 · How we check · Report a correction
Step 1: Make a will
California rule: Two witnesses. Holographic (handwritten) wills are allowed. No notary needed.
- A typed will must be signed by the testator and by at least two witnesses present at the same time. Source: Cal. Prob. Code § 6110, checked Oct 29, 2026.
- Handwritten (holographic) wills are valid without witnesses if the signature and material provisions are in the testator’s handwriting. Source: Cal. Prob. Code § 6111, checked Oct 29, 2026.
Step 2: Financial power of attorney
- California provides a Uniform Statutory Form Power of Attorney (the full form text is published in Stats. 2011, ch. 113). Source: Cal. Prob. Code § 4401, checked Oct 29, 2026.
- A power of attorney is durable only if it says so, for example “This power of attorney shall not be affected by subsequent incapacity of the principal.” Source: Cal. Prob. Code § 4124, checked Oct 29, 2026.
- A power of attorney must be either notarized or signed by two qualified witnesses. Source: Cal. Prob. Code § 4121, checked Oct 29, 2026.
Step 3: Medical power of attorney / advance directive
Official form or source: Cal. Prob. Code § 4701 statutory Advance Health Care Directive form (California Legislature)
- California’s statutory Advance Health Care Directive form is set out in the Probate Code. Source: Cal. Prob. Code § 4701, checked Oct 29, 2026.
- The directive must be dated and either acknowledged before a notary or signed by two qualified witnesses; electronic directives require a notary. Source: Cal. Prob. Code § 4673, checked Oct 29, 2026.
- Witnesses cannot be the agent or the patient’s health care provider, and at least one must be unrelated and not an heir. Source: Cal. Prob. Code § 4674, checked Oct 29, 2026.
Step 4: Decide how each asset passes
Transfer on death deed for real estate: Yes. California allows a revocable transfer on death (TOD) deed for real property. Under current law this part of the Probate Code is scheduled to be repealed on January 1, 2032.
- A revocable TOD deed makes a transfer of real property to a named beneficiary that operates at death and stays revocable until death (repealed as of January 1, 2032 under § 5600). Source: Cal. Prob. Code § 5614, checked Oct 29, 2026.
Also review beneficiary designations on retirement accounts and life insurance, and POD/TOD designations on bank and brokerage accounts. How to avoid probate →
Step 5: Check estate tax
- California has no state estate tax or inheritance tax. Source: California State Controller’s Office – Estate Tax, checked Oct 29, 2026.
Documents to gather
- Signed will (original) and any codicils
- Financial power of attorney
- Health care directive / medical power of attorney
- Deeds and any recorded TOD deed
- Beneficiary designation confirmations
- A list of accounts, debts, insurance and digital accounts, kept where your executor can find it
When to get professional help
This site gives general legal information, not legal advice. Consider talking to a licensed attorney in the state if:
- someone may contest the will, or family members disagree;
- the estate owns a business, out-of-state real estate, or may owe estate tax;
- debts may be larger than the assets;
- you are unsure whether a deadline applies to you, or one may already have passed.
Many state and local bar associations run lawyer referral services; your probate court’s self-help page may list them.
Next: What happens after a death in California · All California rules