If you’ve been putting off writing your will because you’re not sure where to start — you’re not alone. Many Californians wonder: do I need a lawyer for a will, or can I create a will in California on my own?
As a family law attorney who has helped countless clients navigate this very question, I can tell you: technically, no, you don’t need a lawyer to create a valid will in California. But — and this is a big but — that doesn’t mean skipping legal guidance is always the best idea.
In this post, I’ll walk you through what the law says, what can go wrong when you go DIY, and how to know if hiring a California estate planning lawyer is worth it for your situation.
Are You Legally Required to Hire a Lawyer to Create a Will in California?
Let’s clear this up right away:
No law in California requires you to hire an attorney to create a will.
You are allowed to write your own will (known as a holographic will) by hand, as long as it meets certain legal requirements. California also offers a “statutory will” — a fill-in-the-blank form you can use without a lawyer.
So technically, you can grab a pen or download a form online, write down your wishes, and have it signed properly.
But here’s the thing: just because you can doesn’t always mean you should.
Why People Still Choose to Hire a California Estate Planning Lawyer
While you’re not legally required to hire a lawyer for a will, many people do anyway — and for good reason.
Here are some scenarios where hiring a professional makes a lot of sense:
1. You Have a Complex Family or Assets
If you’re part of a blended family, have estranged relatives, or want to leave unequal shares to your heirs, you’ll need careful wording to avoid legal challenges later.
Similarly, if you own real estate, multiple investment accounts, or a business, an attorney can help you plan in a way that minimizes taxes and avoids unnecessary probate headaches.
2. You Want to Avoid Family Disputes
Unfortunately, vague or poorly written wills are one of the biggest causes of family fights after someone passes. A California estate planning lawyer can draft a document that is clear and enforceable, reducing the chances of disputes.
3. You Have Minor or Special-Needs Children
If you have young kids or dependents who need a guardian, your will must be specific about who will care for them. An attorney can help you appoint guardians properly and even set up trusts if needed.
4. You’re Worried About the Will Being Contested
When family dynamics are tense, or when leaving someone out of your will, you’ll want your documents to be airtight so that a court is less likely to overturn them.
What Can Go Wrong Without a Lawyer?
As an attorney, I’ve seen plenty of sad stories that could have been avoided with professional help.
Take the example of one former client who thought he did everything right by handwriting his will and leaving his home to his daughter. Unfortunately, he forgot to include a residuary clause (which deals with the rest of your property). When he passed, everything except the house had to go through probate, costing his daughter thousands in fees and months of stress.
That’s just one example. Other common mistakes with DIY wills include:
- Not following California’s witnessing requirements.
- Using vague language that leads to disputes.
- Forgetting to update the will after major life changes.
- Leaving out assets altogether.
These mistakes can render all or part of a will invalid — and when that happens, the California probate court decides who gets what under intestacy laws.
How to Decide If You Need a Lawyer for Your Will
So how do you know if you really need a lawyer, or if you can handle it yourself? Here are some questions to ask yourself:
- Is your estate worth more than $184,500 (California’s current small estate probate limit)?
- Do you own a home, business, or other real property?
- Do you have minor children or special-needs dependents?
- Are your family relationships complicated?
- Do you want to disinherit someone?
- Are you worried about challenges to your wishes?
If you answered “yes” to any of these, hiring a California estate planning lawyer is probably the right move.
On the other hand, if your assets are simple — maybe just a checking account, a car, and no dependents — you may be fine creating a will in California using the statutory form or holographic will.
DIY Will vs. Lawyer-Drafted Will: Pros and Cons
| Option | Pros | Cons |
| DIY Will | Free or low cost; fast; private | Risk of errors; may not meet legal requirements; no tax planning |
| Lawyer-Drafted Will | Professional guidance; tailored to you; minimizes disputes & taxes | Higher upfront cost; requires time and meetings |
Think of it this way: DIY can work if your estate is very simple and you’re comfortable with some risk. But if your situation is even slightly more complex, hiring an attorney often saves money, stress, and family drama in the long run.
What If You Can’t Afford a Full-Service Estate Planning Attorney?
Hiring a California estate planning lawyer doesn’t always mean spending thousands of dollars. Many attorneys offer:
- Flat-fee will packages.
- Limited-scope services (just reviewing your DIY draft).
- Payment plans to spread out costs.
It’s always worth reaching out and asking what options are available — you might be surprised.
How to Find the Right California Estate Planning Lawyer
If you decide you’d like professional help, make sure to choose someone experienced and trustworthy. Look for:
- Specialization in estate planning or probate law.
- Familiarity with California-specific laws and forms.
- Transparent pricing.
- Good reviews and recommendations.
Don’t hesitate to schedule consultations and ask questions like:
- How many wills have you drafted?
- Do you also handle trusts?
- What happens if my situation changes — can I update my will later?
Why Creating a Will in California Is Worth Doing Right
No matter which path you take — DIY or attorney-drafted — the most important thing is to actually make a will. Without one, the state of California decides who inherits your property under intestacy laws, which may not reflect your wishes.
A legally valid will gives you control, protects your loved ones, and provides peace of mind knowing that your affairs are in order.
