California is a community property state with one of the country's most expensive and time-consuming probate courts, which is a big reason so many California families use a revocable living trust instead of relying on a will alone.
2 required
California requires two witnesses who are present at the same time and watch the testator sign (or acknowledge the signature). Witnesses should be disinterested — not beneficiaries — to avoid a interested-witness challenge later.
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California allows a self-proving will using a notarized affidavit signed by the testator and both witnesses. Without it, the witnesses may need to testify or sign a declaration during probate, which slows things down.
Permitted by state law
California authorizes remote online notarization (RON) for many document types through approved platforms, in addition to traditional in-person notarization. Confirm your document qualifies for RON before scheduling. LegacyShield remote notary sessions are coming soon — in-home notary visits are available now.
9–18 months for a typical supervised probate, longer if there are disputes or real estate to sell.
California sets statutory probate attorney and executor fees on a sliding scale of the estate's gross value (roughly 4% on the first $100,000, stepping down as the estate grows), so probate on a $500,000 estate can easily cost $25,000–$30,000 or more between attorney and executor fees.
$208,850 (indexed periodically; confirm the current figure)
Estates under the threshold may use a simplified small-estate affidavit or petition instead of full probate, which can save months and thousands of dollars.
Community property
California is a community property state. Assets acquired during marriage are generally owned 50/50 by both spouses, regardless of whose name is on the title, while separate property (owned before marriage, or received by gift or inheritance) stays with the individual spouse. This affects how much of an estate a will or trust can actually control.
California uses an Advance Health Care Directive that combines a health care agent appointment (power of attorney for health care) with living-will style treatment instructions in one document. It should be signed with two witnesses or notarized.
California's durable power of attorney for finances remains effective if you become incapacitated, provided it includes durability language. It's commonly signed alongside the health care directive and does not require court filing to take effect.
Laws change and every estate is different — verify current requirements with a licensed attorney in your state before signing or relying on any document.
LegacyShield AI walks you through a state-aware will, trust, powers of attorney, and healthcare directives — with signing instructions for your state included.