Educational guide — not legal advice. Will-execution rules are state-specific and change over time. Confirm current requirements with a licensed California attorney before relying on them.
The short answer
No — California does not require a will to be notarized. Cal. Prob. Code §6110 sets the execution requirements, and notarization is not among them. This is one of the most common misunderstandings in estate planning, so let’s be precise about what the section actually requires.
Under California Probate Code §6110, a will is valid if it is:
- In writing.
- Signed by the person making the will (the “testator”), or signed on their behalf by another person in the testator’s presence and at their direction.
- Witnessed by at least two people, both present at the same time, who either watched you sign the will or watched you acknowledge that the signature or the document is yours — and who understand it’s your will.
Notarization is not on the list.
There is one qualification, and it is part of §6110 itself. Under Probate Code §6110(c)(2), a will that was not executed in compliance with the witnessing requirement is nevertheless treated as if it had been, if the person putting the will forward establishes by clear and convincing evidence that at the time the testator signed it, the testator intended it to be their will. That is a high evidentiary bar decided by a court after death, not a second way of executing a will — but it means a defectively witnessed California will is not automatically void.
So why do people think wills need to be notarized?
A few reasons the myth persists:
- Other documents in your estate plan do need a notary. A durable power of attorney, an advance health care directive, and especially a deed transferring property into a living trust typically require notarization in California. People assume the will follows the same rule. It doesn’t.
- Many other states use a notarized “self-proving affidavit.” In most of the country, you can attach a notarized affidavit signed by you and your witnesses so the court doesn’t have to track the witnesses down later. California is unusual — it generally does not use this self-proving affidavit mechanism. That’s a key difference (covered below).
- A notary stamp feels official. People reach for it as a way to make a document “more legal.” With a California will, it adds nothing to validity.
A notarized but unwitnessed typed will
Here’s the dangerous part. Because people believe a notary makes a will valid, some Californians type up a will, sign it in front of a notary, and skip the two witnesses.
That will does not satisfy §6110(c)(1). A notary is not a substitute for witnesses; notarization is not among §6110’s requirements at all. Such a will can be admitted only through §6110(c)(2), which requires the proponent to establish by clear and convincing evidence that the testator intended the document to be their will — a contested evidentiary question decided by the probate court after the testator’s death, on whatever proof survives them.
§6110 requires two witnesses present at the same time; it does not mention a notary.
The one exception: holographic (handwritten) wills
California recognizes holographic wills under Probate Code §6111. A holographic will is valid — with no witnesses and no notary — as long as:
- The signature is in the testator’s own handwriting, and
- The material provisions (who gets what) are in the testator’s own handwriting.
§6111 does not require a date. §6111.5 provides that extrinsic evidence is admissible to determine whether a document is a holographic will and to determine its meaning, so a holographic will may require such evidence where a witnessed will would not.
Who can be a witness in California?
A few rules that matter:
- Witnesses must be competent (generally adults of sound mind).
- Interested witnesses. Under Probate Code §6112(b), a will is not invalid because it was signed by a witness who inherits under it. §6112(c) attaches a consequence to the witness, not to the will: unless there are at least two other subscribing witnesses who are disinterested, a gift to a subscribing witness creates a presumption that the witness procured it by duress, menace, fraud, or undue influence. Where two other disinterested witnesses signed, no presumption arises. The presumption also does not apply where the gift is made to the witness solely in a fiduciary capacity. If the presumption applies and the witness does not rebut it, §6112(d) caps what they take at the share they would have received if the will were not established.
- The two witnesses must be present at the same time and see you sign or acknowledge the will.
What California does instead of a self-proving affidavit
In most states, the notarized self-proving affidavit lets a will be admitted to probate without contacting the witnesses. California doesn’t use that tool the same way. Instead, when a California will goes to probate, the court typically relies on a witness signing a declaration or affidavit under penalty of perjury (often a form like the DE-131 “Proof of Subscribing Witness”) confirming the will was properly executed. Your witnesses may need to be located later — one practical reason to choose witnesses who are younger than you, easy to find, and likely to be reachable.
California has no self-proving-affidavit mechanism of the kind Texas and Florida use, so a California will is proved at probate by the evidence available then.
Does a notary ever hurt?
No. You can have your California will notarized if you want — it simply doesn’t add legal validity and isn’t a substitute for the witnesses. Some attorneys notarize the package for tidiness or because the other documents (POA, directive, trust deed) need it anyway. Notarization is not among §6110’s requirements.
Quick checklist for a valid California will
- [ ] In writing (typed or, for a holographic will, handwritten)
- [ ] Signed by you (or at your direction, in your presence)
- [ ] Two competent witnesses, present at the same time
- [ ] Witnesses watched you sign or acknowledge the will
- [ ] Witnesses are disinterested (don’t inherit) — not a requirement of the execution statute
- [ ] (Optional) Notarized — not required, doesn’t replace witnesses
Electronic wills and remote online notarization in California
California has not enacted an electronic wills act. California Probate Code §6113 sets out the routes by which a written will is validly executed, and the list is closed:
- execution in compliance with §6110 (the attested will) or §6111 (the holographic will), or under Chapter 6 (the California statutory will, §6200 et seq.) or Chapter 11 (the Uniform International Wills Act, §6380 et seq.);
- execution complying with the law of the place where the will was executed, at the time it was executed; or
- execution complying with the law of the place where the testator was domiciled, had a place of abode, or was a national, either at execution or at death.
No electronic-will provision appears among them. California’s Uniform Electronic Transactions Act points the same way: Civil Code §1633.3(b)(1) states that the title does not apply to transactions subject to “a law governing the creation and execution of wills, codicils, or testamentary trusts.”
Two consequences follow from §6113 itself rather than from anyone’s advice:
- §6113(b) and (c) can carry in a will executed elsewhere. A will validly executed under the law of the place of execution, or of the testator’s domicile, abode, or nationality, is validly executed in California. A state that does recognise electronic wills can therefore supply the validity that California’s own provisions do not.
- Remote online notarization does not reach the question. Notarization is not among §6110’s requirements, so a remotely notarized signature neither adds validity nor substitutes for the two witnesses.
An online will service produces a document that is executed the same way any other California will is: §6110 governs, and the witnessing happens when the document is signed.
What to do if you already have a notarized-but-unwitnessed will
If you signed a typed will in front of a notary but without two witnesses, treat it as likely invalid. What the statutes leave available:
- Re-execution — signing the document in front of two disinterested adult witnesses who are present at the same time, and have them sign too.
- A holographic will under §6111, with the signature and material provisions in the testator’s handwriting, which requires neither witnesses nor a notary.
Re-execution carries no statutory fee; the cost is whatever an attorney or service charges, if one is used.
Common questions
Do both witnesses have to sign at the same time?
Cal. Prob. Code §6110 requires both to be present at the same time when you sign or acknowledge the will, and to understand that it is your will. They sign as witnesses to that event.
Can a family member be a witness?
Legally, yes. Probate Code §6112(b) states that a will is not invalid because an interested witness signed it. §6112(c) creates a presumption that the witness procured their gift by duress, menace, fraud, or undue influence — but only unless there are at least two other subscribing witnesses who are disinterested. So a family member who inherits can witness without triggering the presumption if two other, disinterested witnesses also subscribed. A witness who does not inherit raises no presumption in any case.
Does a notarized will speed up probate in California?
Not the way it does in other states. California generally doesn’t use the notarized self-proving affidavit, so a notary won’t make your will “self-proving” here. Choosing reliable, easy-to-locate witnesses is what actually smooths probate.
Is an online will valid in California without a notary?
Yes — provided you print it and have two witnesses watch you sign. The validity comes from the witnessing, not from any notarization or from the website itself.
What makes a California will invalid?
The most common causes: no qualifying witnesses (the notarized-but-unwitnessed trap), a will signed under undue influence or while lacking mental capacity, a later will that revokes an earlier one, and ambiguous or contradictory handwritten changes. Clean execution with two disinterested witnesses avoids most of these.
What the record shows
California does not require a will to be notarised. Cal. Prob. Code §6110 requires the will to be in writing, signed by the testator, and witnessed by two persons present at the same time who understood the instrument to be the testator’s will. Notarisation is not among the statutory requirements and does not substitute for the two witnesses; a typed will signed before a notary alone does not satisfy §6110. California recognises holographic wills under §6111, where the signature and material provisions are in the testator’s handwriting.
Related reading
- How to Write a Will (and What Makes It Valid)
- How Much Does a Will Cost in California in 2026?
- Will vs. Living Trust: Which Is Better in California?
- Estate Planning in California: The Complete Guide
Educational information only — not legal advice. California will-execution rules are set by statute and can change; confirm current requirements with a licensed California attorney before relying on them. Sources: California Probate Code §§6110, 6111, 6112, 6113, 8220; California Civil Code §1633.3; California Judicial Council forms (DE-131); State Bar of California.