Online will kits are cheap, fast, and everywhere. For $20 and twenty minutes, they promise you a finished estate plan. I understand the appeal, and for a small number of people, a simple do-it-yourself will is genuinely fine.
But I’ve also sat across from too many California families cleaning up a DIY plan that fell apart at the worst possible moment. Here’s what tends to go wrong, and how to know whether you’re one of the people who can safely do it yourself.
First, what makes a will valid in California?
Under California Probate Code §6110, a typed will must be:
- In writing
- Signed by you (the testator), and
- Witnessed by two people who are present at the same time and understand that they’re witnessing your will
California also recognizes a holographic will, one written entirely in your own handwriting and signed, without witnesses (§6111). It’s legal, but it’s one of the riskiest documents I see, because small ambiguities turn into big family fights.
Miss the witnessing rules, and the whole document can be thrown out, which means the state’s default rules decide who inherits, not you.
Where DIY wills actually break down
1. The witnessing is done wrong. The most common fatal error. Signed without two qualified witnesses present together, and it may be invalid.
2. The language is ambiguous. “I leave my house to my children” sounds clear until there are three kids, two marriages, and one child who already lives there. Courts can’t ask what you meant; you’re not there to tell them.
3. It ignores California community property. You generally can’t give away your spouse’s half of community property. DIY forms rarely account for how California characterizes marital property.
4. No guardian for minor children. For parents, this is the most important clause in the entire document, and it’s the one generic forms handle poorly or skip.
5. It goes stale. A will written before a divorce, a new child, a move to California, or a big change in assets can do the opposite of what you’d want today.
The biggest problem of all: a will doesn’t avoid probate
Even a perfectly drafted will does not keep your family out of court. In California, if you own a home, a will-only plan sends your estate through probate: 12 to 18 months and often tens of thousands of dollars in statutory fees (see Will vs. Trust: What California Homeowners Need to Know ).
So the DIY will that felt like “handling it” often just hands your family an expensive court case with your handwriting on it.
What online services quietly leave out
- Funding. They don’t help you retitle your home or coordinate your accounts, the step that actually determines how your estate is handled.
- Incapacity planning. A will does nothing while you’re alive. You also need a durable power of attorney and an advance health care directive, the documents that matter if you’re hospitalized or incapacitated. Most kits don’t meaningfully address them.
- Beneficiary coordination. Your life insurance and retirement accounts pass by beneficiary designation, which overrides your will. A form can’t catch the conflict.
When DIY might be okay, and when you need a lawyer
A simple DIY will may be reasonable if you rent, have modest assets, no minor children, and a very simple family situation.
You should talk to an attorney if you:
- Own a home or other real estate in California
- Have minor children or a blended family
- Have a beneficiary with special needs (an inheritance can disqualify them from benefits)
- Own a business, or have out-of-state property
- Want to avoid probate and plan for incapacity, not just name who gets what
The real cost math
A DIY will can cost $20 today and cost your family $40,000+ in probate later. Doing it properly up front is almost always the cheaper path. It just moves the cost to where you can see it.
Frequently asked questions
Is a handwritten (holographic) will legal in California? Yes, if it’s entirely in your handwriting and signed. But it’s risky, because ambiguity and missing provisions cause real problems. (Worth noting: handwritten wills are not valid in many states, including New Mexico.)
I already made an online will. Is it worthless? Not necessarily, but it’s worth a professional review, especially if you own a home or have children. Often the fix is adding a trust and the incapacity documents the kit left out.
Want to know if your DIY plan actually protects your family? Watch our free estate planning webinar , or book a free 15-minute call .
This article is general information about California law, not legal advice, and does not create an attorney-client relationship. Please speak with a qualified attorney about your specific situation.