A will in California can cost you nothing or several thousand dollars. A handwritten (holographic) will is free, the state’s fill-in-the-blank statutory will is free, basic online services run $50 to $200, and an attorney-drafted will typically runs $300 to $1,200 for a simple estate. The catch is that the price of the document itself is the smaller number in this conversation. California’s statutory probate fees, which kick in after your death on any estate that goes through probate, can dwarf what you paid to write the will in the first place, and that is why many Californians end up spending more on a living trust instead.
The Free Options
California recognizes two ways to make a will without paying anything.
A holographic will is one you write entirely by hand. The signature and the material provisions — who inherits what, who serves as executor, who becomes guardian of your children — must be in your handwriting. You do not need witnesses or a notary. Sign it and date it. Leaving the date off will not automatically invalidate the will, but it invites disputes if you have more than one will or if anyone questions your capacity when you wrote it.1California Legislative Information. California Probate Code 6111
The trouble with holographic wills is ambiguity. A phrase that reads clearly to you (“I leave everything to my family”) can produce an expensive fight about who counts as family and what “everything” covers. Holographic wills work only when your wishes are genuinely simple and you write them in unmistakable language.
The California statutory will is a fill-in-the-blank form set out directly in the Probate Code. You add your name, beneficiaries, executor, and guardians for minor children, then sign in front of two witnesses. The statutory language is fixed and cannot be altered, so you cannot add custom provisions, create trusts for your children, or make conditional gifts. The form itself flags that it is not built for tax planning and recommends a lawyer if your assets exceed $600,000, you own a business, you hold property in another state, or you want to disinherit a spouse or child.2California Legislative Information. California Probate Code 6240
For a modest estate with straightforward wishes, the statutory will is a reasonable free option. But “free” refers only to the document. The estate still goes through probate, and probate in California is where the real money goes.
Online Will Services: $50 to $200
Online platforms sit between free forms and full attorney representation. Most walk you through a questionnaire, generate a state-specific will, and produce signing instructions. Basic online wills usually cost $50 to $150, with fuller packages reaching $200 or more. Some services charge once; others run on an annual membership.
Trust & Will, for example, charges a one-time $199 fee for its will-based plan, with a $19 annual membership after the first 30 days for ongoing access and updates. Optional attorney support adds $299 per year. FreeWill offers basic wills at no cost, funded through partnerships with charitable organizations. Quality varies across platforms: some produce little more than a template with your name inserted, others adapt provisions based on your answers.
The limitation is that software cannot catch issues it was not programmed to spot. A blended family, property in more than one state, or a child with special needs are the kinds of situations an online will can quietly miss. You are also responsible for executing the will correctly — printing it, signing before two witnesses, and storing it where it can be found.
Attorney-Drafted Wills: $300 to $1,200 and Up
Hiring a California estate planning attorney is the most expensive route and the most reliable for anything beyond a simple estate. Most attorneys charge a flat fee for a basic will, generally $300 to $1,200 for an individual. Couples drafting wills together often pay at the top of that range or slightly above. Complex situations — business interests, multiple properties, special needs planning, blended families — push the price past $1,200 and sometimes into several thousand dollars.
Some attorneys bill hourly instead, with California rates running $300 to $600 per hour depending on location and experience. Attorneys in San Francisco, Los Angeles, and other major metro areas charge at the top of that range. Hourly billing suits highly customized plans but makes total cost harder to predict. Ask for an estimate of hours before agreeing.
What an attorney fee really buys is the conversation, not the paper. A good estate planning attorney asks questions you would not think to ask yourself. What happens if a beneficiary dies before you? Who takes over if your first-choice executor cannot serve? Do the beneficiary designations on your retirement accounts line up with your will? Those details are exactly where DIY approaches fall short.
Bundled Document Packages
Many estate planning attorneys sell packages that combine a will with related documents at a lower per-document cost. A typical package includes a will, a durable power of attorney for financial matters, and an advance healthcare directive. These packages generally run $500 to $1,500 for an individual and $700 to $2,000 for a couple. Since most people need all three documents, the package is usually a better value than paying separately.
The Cost Most People Miss: California Probate Fees
Every will in California goes through probate, and the fees for probate are set by statute as percentages of the estate. Both the attorney handling the probate and the personal representative (executor) are entitled to fees based on the gross value of the estate:3California Legislative Information. California Probate Code 10810
- First $100,000: 4%
- Next $100,000: 3%
- Next $800,000: 2%
- Next $9,000,000: 1%
- Next $15,000,000: 0.5%
- Above $25,000,000: a reasonable amount determined by the court
These fees run on the gross value of the estate’s assets before subtracting debts or mortgages. That distinction matters. A home worth $900,000 with a $500,000 mortgage is a $900,000 asset for probate purposes, not a $400,000 one. On an estate valued at $1,000,000, the statutory fee comes to $23,000 for the attorney and another $23,000 for the executor, totaling $46,000 before court filing fees, appraisal costs, or charges for any extraordinary services. The initial court filing fee alone is $435.4California Courts. Superior Court of California Statewide Civil Fee Schedule Effective January 1, 2026
Probate also takes time. A straightforward California probate typically runs 9 to 18 months, and beneficiaries generally cannot access inherited assets during that stretch.
When a Living Trust Costs Less in the End
A revocable living trust avoids probate by transferring ownership of your assets to the trust during your lifetime. After death, a successor trustee distributes the assets to your beneficiaries without court involvement. A revocable living trust prepared by an attorney in California typically costs $1,500 to $2,500, and simpler online options start around $900. More complex irrevocable trusts designed for asset protection or tax planning start at $2,000 and go higher.
Compare those numbers to probate fees on even a modest California estate. Statutory attorney and executor fees on a $500,000 estate combine to roughly $26,000. A $2,000 trust looks like a bargain by comparison. The breakeven is low enough that most California estate planning attorneys recommend a living trust for anyone who owns real property in the state. A will still has a role as a pour-over will, a backstop that catches any assets you forgot to transfer into the trust, but the trust does the heavy lifting.
The Small Estate Shortcut
Not every estate has to go through probate. California allows heirs to use a small estate affidavit to collect assets without a court proceeding if the total gross value of the deceased person’s California property does not exceed $208,850, the current adjusted threshold as of April 2025.5California Courts. DE-300 Maximum Values for Small Estate Set-Aside and Disposition Without Administration The base statutory amount is $166,250, adjusted periodically for cost of living.6California Legislative Information. California Probate Code 13100
If your estate falls under the threshold, a will still matters for naming guardians for minor children and stating your wishes, but your heirs skip the statutory probate fee schedule. They present the affidavit directly to banks, brokerages, and other institutions to collect assets. The affidavit cannot be used until 40 days after death, and real property under the threshold requires a separate court petition, but the process is far cheaper and faster than full probate.
Updates and Revisions
A will is not a set-it-and-forget-it document. Marriage, divorce, the birth of a child, a significant change in assets, or moving to California from another state are all reasons to revisit it. An attorney-drafted amendment (a codicil) typically runs $100 to $300, though for extensive changes most attorneys prefer drafting a new will rather than patching the old one. Some online services include free updates in an annual subscription.
The revisions people skip most often are executor and guardian nominations. The brother you named as executor 15 years ago may not be the right choice today, and the couple you picked as guardians for your then-toddler may not fit now that your children are teenagers. Reviewing the will every three to five years, or after any major life event, keeps it useful and keeps your family from working with outdated instructions.