California Will and Trust Laws: Witnesses, Holographic Wills (2026)

In California, a person 18 or older who is of sound mind may make a will (Cal. Prob. Code § 6100(a)). A standard attested will must be in writing, signed by the testator, and signed during the testator's lifetime by at least two witnesses who were present at the same time and saw the testator sign or acknowledge the signature or the will (§ 6110). Notarization is not one of the section 6110 requirements, and a will whose signature and material provisions are in the testator's own handwriting is valid as a holographic will whether or not anyone witnesses it (§ 6111).

Living trusts follow California's own Trust Law in Division 9 of the Probate Code, not the Uniform Trust Code. For a trust connected to California, the trust is revocable unless the trust instrument expressly makes it irrevocable (§ 15400). This page is part of our wills and trusts laws by state series.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California statutes on making, signing, proving, changing and revoking wills (Probate Code Division 6) and on creating, amending and revoking revocable living trusts (the Trust Law, Probate Code Division 9, plus Family Code § 761 for community property in trust). It does not cover what happens when someone dies without a will or how estate administration works (see California probate), small-estate collection (see the California small estate affidavit), powers of attorney (see California power of attorney laws), or taxes. A "living will" is a health-care directive, not a will; see the California advance directive generator.

What makes a will valid in California

The Probate Code provides for the attested (witnessed) will under section 6110 and the holographic (handwritten) will under section 6111, along with the California statutory will and the international will (§ 6113). A typed will is valid as an attested will only if it meets section 6110.

Who can make a will

Section 6100(a) provides that "an individual 18 or more years of age who is of sound mind may make a will." The section contains no exception for a younger person who is married or in the military. A conservator may make a will for a conservatee only if a court has authorized it by order under section 2580 (§ 6100(b)).

Section 6100.5(a) defines when a person lacks the mental capacity to make a will. A person is not mentally competent to make a will if, at the time of making it, the person cannot do any one of the following:

"(A) Understand the nature of the testamentary act. (B) Understand and recollect the nature and situation of the individual's property. (C) Remember and understand the individual's relations to living descendants, spouse, and parents, and those whose interests are affected by the will."

A person also lacks capacity to make a will if a mental health disorder with symptoms including delusions or hallucinations results in the person devising property in a way the person would not otherwise have done (§ 6100.5(a)(2)).

A separate rule in section 811(a) governs how incapacity is shown. A finding that a person lacked the capacity "to execute wills, or to execute trusts" must be supported by evidence of a deficit in at least one of the mental functions the section lists, and evidence that the deficit correlates with the act in question.

Writing and signature

Under section 6110(a) and (b), a will must be in writing and signed in one of three ways:

• by the testator;
• in the testator's name by another person, in the testator's presence and by the testator's direction; or
• by a conservator acting under a court order under section 2580.

Two witnesses, present at the same time

Section 6110(c)(1) sets the witness rule. The will must be signed, during the testator's lifetime, by at least two persons:

"each of whom (A) being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will and (B) understand that the instrument they sign is the testator's will."

Three points follow from those words. The two witnesses must be present together, not one at a time. They may witness either the act of signing or the testator's later acknowledgment of the signature or of the will. And the witnesses sign during the testator's lifetime, not after death.

Can a beneficiary witness a California will?

Yes, and the will stays valid. Section 6112(b) states that "a will or any provision thereof is not invalid because the will is signed by an interested witness." The consequence falls on the gift instead.

Unless at least two other subscribing witnesses are disinterested, a devise to a subscribing witness "creates a presumption that the witness procured the devise by duress, menace, fraud, or undue influence" (§ 6112(c)). The presumption affects the burden of proof, so the witness can rebut it, and it does not apply to a devise made to the witness solely in a fiduciary capacity (§ 6112(c)). If the witness fails to rebut it, the witness takes the devise only up to the share the witness would receive if the will were not established (§ 6112(d)). With two other disinterested subscribing witnesses on the will, the presumption does not arise.

Wills signed in another state or country

Section 6113 accepts a written will if its execution complies with any of these:

• California's own rules (section 6110 or 6111, the California statutory will chapter, or the Uniform International Wills Act chapter);
• the law, at the time of execution, of the place where the will was executed; or
• the law of the place where, at the time of execution or at death, the testator was domiciled, had a place of abode, or was a national.

California also has a statutory will form, set out in section 6240 within Chapter 6 (sections 6200 to 6243). Federal law separately gives effect to military testamentary instruments prepared for people eligible for military legal assistance, exempting them from state requirements of form (10 U.S.C. § 1044d(a)); the wills and trusts hub covers that federal rule.

Does a will need to be notarized in California?

No. Section 6110 lists a writing, a signature and two witnesses, and does not include notarization. Section 8220 sets out how an attested will is proved when it is offered for probate:

"Unless there is a contest of a will: (a) The will may be proved on the evidence of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as prescribed by law. (b) Evidence of execution of a will may be received by an affidavit of a subscribing witness to which there is attached a photographic copy of the will, or by an affidavit in the original will that includes or incorporates the attestation clause."

The opening words matter. These shortcuts apply only when no one contests the will. If no subscribing witness is available, section 8221 lets the court, when the will on its face conforms to the law, permit proof by the testator's handwriting together with one of the further items that section lists.

Is a handwritten (holographic) will valid in California?

Yes. Section 6111(a) provides:

"A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator."

Two conditions carry the weight: the signature and the material provisions must both be in the testator's handwriting. A typed will signed by hand does not meet that test, because its material provisions are not handwritten; it has to qualify as an attested will under section 6110 instead, including the harmless-error rule described below.

Section 6111(c) allows a statement of testamentary intent to appear "either in the testator's own handwriting or as part of a commercially printed form will." So a printed form will can still qualify as a holographic will when the testator fills in the material provisions by hand and signs it.

A date is not a general requirement, but leaving it off has consequences. Under section 6111(b)(1), if an undated holographic will creates doubt about whether it or the inconsistent provisions of another will control, "the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will." An undated holographic will is also invalid if the testator lacked testamentary capacity at any time during which it might have been written, unless it is shown to have been written while the testator had capacity (§ 6111(b)(2)).

Are oral (nuncupative) wills valid in California?

No. Section 6110(a) states that "a will shall be in writing," and section 6113 lists only written-will routes to valid execution. Part 1 of Division 6 of the Probate Code, which runs from the general provisions through the statutory will and the Uniform International Wills Act chapters, has no chapter for oral wills.

Can a California will be signed electronically or witnessed remotely?

The will-execution sections (§§ 6110-6113) contain no provision for an electronic will or for witnessing by video, and Part 1 of Division 6 has no electronic-will chapter. Section 6110(c)(1) requires witnesses who were "present at the same time" when they witnessed the signing or acknowledgment. The statute does not define "present."

What if the witnessing went wrong?

California has a harmless-error rule for witnessing. Section 6110(c)(2) provides:

"If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator's will."

The rule is narrow in two ways. It applies only to failures under paragraph (1), the witness requirement, and its text does not reach the writing and signature requirements of section 6110(a) and (b). And the person offering the will carries the burden of proof by clear and convincing evidence of the testator's intent at the time of signing.

Changing or revoking a will

How a will is revoked

Under section 6120, a will or any part of it is revoked by either:

• a later will that revokes the earlier will or part "expressly or by inconsistency"; or
• being "burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it," by the testator or by another person in the testator's presence and at the testator's direction.

Intent is part of the physical-act rule. Damage without the intent and purpose of revoking does not revoke the will under section 6120(b).

A will that cannot be found

Section 6124 creates a presumption when the original is missing. If the will was last in the testator's possession, the testator was competent until death, and neither the will nor a duplicate original can be found after death, "it is presumed that the testator destroyed the will with intent to revoke it." The section makes this a presumption affecting the burden of producing evidence.

Reviving an earlier will

If a second will that would have revoked a first will is itself revoked by act under section 6120 or 6121, the first will is revoked in whole or in part "unless it is evident from the circumstances of the revocation of the second will or from the testator's contemporary or subsequent declarations that the testator intended the first will to take effect as executed" (§ 6123(a)).

Does divorce revoke a will in California?

Divorce revokes the parts of the will that benefit the former spouse, not the whole will. Under section 6122(a), unless the will expressly provides otherwise, if the testator's marriage is dissolved or annulled after the will is signed, the dissolution or annulment revokes:

• any disposition or appointment of property to the former spouse;
• any provision giving the former spouse a general or special power of appointment; and
• any provision nominating the former spouse as executor, trustee, conservator or guardian.

A decree of legal separation that does not end the marriage is not a dissolution for this purpose (§ 6122(d)). A provision revoked only by section 6122 is revived if the testator remarries the former spouse (§ 6122(b)). These rules do not apply where the final judgment of dissolution or annulment came before January 1, 1985 (§ 6122(f)). For wills signed on or after January 1, 2002, section 6122.1 applies the same rule when a domestic partnership is terminated after the will is signed. Apart from these two sections, section 6122(e) provides that "no change of circumstances other than as described in this section revokes a will."

Divorce also reaches gifts outside the will. Under section 5040(a), a nonprobate transfer to the transferor's former spouse, in an instrument the transferor signed before or during the marriage or registered domestic partnership, fails if at the transferor's death the former spouse is not the surviving spouse because the marriage was dissolved or annulled or the registered domestic partnership was terminated. A nonprobate transfer for this purpose is a provision of a type described in section 5000, which lists instruments including a pension plan, individual retirement plan, employee benefit plan, trust and revocable transfer on death deed, or a provision in an instrument other than a will that confers a power of appointment or names a trustee; a provision of a life insurance policy is excluded (§ 5040(e)). The transfer does not fail if the transferor could no longer revoke it at death, if there is clear and convincing evidence the transferor intended to preserve it, or if a court order requiring it to be maintained is in effect at death (§ 5040(b)). A legal separation that does not end the marriage is not a dissolution for this purpose (§ 5040(a)), and section 5040 does not apply where the transferor died, or the marriage was dissolved, before January 1, 2002 (§ 5048(c)).

Federal law can override this rule for some plans: for employer benefit plans governed by the federal Employee Retirement Income Security Act (ERISA), the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that ERISA pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans. The wills and trusts hub covers that federal rule.

A separate list of personal items

A will may refer to a separate writing that directs who receives tangible personal property not otherwise specifically disposed of by the will, other than money that is common coin or currency and property used primarily in a trade or business (§ 6132(a)). The writing is effective only if an unrevoked will refers to it, the writing is dated and is either handwritten by or signed by the testator, and it describes the items and recipients with reasonable certainty. The total value of property disposed of in the writing may not exceed $25,000, and an item worth more than $5,000 is not covered by the section and passes under the will's remainder clause (§ 6132(g)).

If a beneficiary dies first

A transferee who fails to survive the transferor of an at-death transfer, or to survive until a future time the instrument requires, does not take under the instrument (§ 21109(a)). Section 21110(a) then provides that, subject to subdivision (b), "the issue of the deceased transferee take in the transferee's place in the manner provided in Section 240." Under section 21110(b), the issue do not take in the transferee's place "if the instrument expresses a contrary intention or a substitute disposition." This substitution applies only where the beneficiary was kindred of the transferor or of the transferor's surviving, deceased or former spouse, and never to the transferor's own spouse (§ 21110(c)).

Can you leave out a spouse or child in California?

California is a community property state, and that sets the outer limit of any will. Section 6101 provides that a will may dispose of the testator's separate property, "the one-half of the community property that belongs to the testator," and the one-half of the testator's quasi-community property. The other half of the community property is not the testator's to give by will. What happens to property no will reaches is covered on our California probate page.

The Probate Code then protects family members who were left out by timing rather than by choice:

• Spouse married after the will. If the decedent's testamentary instruments fail to provide for a spouse who married the decedent after all of them were signed, the omitted spouse receives the decedent's one-half of the community and quasi-community property plus a share of the separate property equal to an intestate share, but never more than one-half of the value of the separate property (§ 21610). The spouse takes no share if the omission was intentional and that intention appears from the testamentary instruments, if the decedent provided for the spouse by a transfer outside the estate intended to take the place of a provision in the instruments, or if the spouse made a valid agreement waiving the right to share in the estate. A spouse who was the care custodian of a decedent who was a dependent adult, whose marriage began while providing that care or within 90 days after it last ended, and whose spouse died less than six months after the marriage began also takes no share, unless the spouse proves by clear and convincing evidence that the marriage was not the product of fraud or undue influence (§ 21611).
• Child born or adopted after the will. A child born or adopted after all of the decedent's testamentary instruments were signed, and not provided for in them, receives a share equal to what the child would have received if the decedent had died without any testamentary instrument (§ 21620).
• Exceptions for the after-born child. The child receives no share if the omission was intentional and that intention appears from the testamentary instruments, if the decedent had one or more children and left substantially all the estate to the omitted child's other parent, or if the decedent provided for the child by a transfer outside the estate intended to take the place of a gift in the instruments (§ 21621).
• Child believed dead or unknown. A living child left out solely because the decedent believed the child was dead or did not know of the birth receives a share equal to an intestate share (§ 21622).

No-contest clauses

California enforces a no-contest clause only against the contests listed in section 21311(a): a direct contest brought without probable cause, and two other kinds of challenge (a claim that property was not the transferor's when transferred, and a creditor's claim) only if the clause expressly provides for that application. Probable cause exists if, when the contest is filed, "the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery" (§ 21311(b)).

How does a revocable living trust work in California?

California has not adopted the Uniform Trust Code. Its trust rules sit in the Trust Law, Division 9 of the Probate Code, with section numbers of its own.

Creating the trust

Section 15200 lists the ways a trust may be created, including "a declaration by the owner of property that the owner holds the property as trustee" and "a transfer of property by the owner during the owner's lifetime to another person as trustee." A trust exists only if the settlor properly manifests an intention to create one (§ 15201) and there is trust property (§ 15202).

For land, a writing is required. Section 15206 provides that "a trust in relation to real property is not valid unless evidenced by" a written instrument signed by the trustee (or the trustee's agent authorized in writing), a written instrument conveying the trust property signed by the settlor (or the settlor's agent authorized in writing), or operation of law. Sections 15200 to 15212 do not list witnesses or a notary among the requirements for creating a trust. An oral trust of personal property can be proved only by clear and convincing evidence, and the settlor's oral declaration alone does not suffice (§ 15207). A trust with successor beneficiaries after the settlor's death is not invalid because the settlor is the sole trustee and sole beneficiary during the settlor's lifetime (§ 15209).

The capacity rule in section 811(a), described above, applies to the incapacity "to execute trusts" as well as wills.

Revocable unless the trust says otherwise

Section 15400 provides: "Unless a trust is expressly made irrevocable by the trust instrument, the trust is revocable by the settlor." That default applies only where the settlor is domiciled in California when the trust is created, the trust instrument is signed in California, or the instrument provides that California law governs.

Revoking or amending the trust

Under section 15401(a), a revocable trust may be revoked in whole or in part:

• by following any method of revocation the trust instrument provides; or
• by "a writing, other than a will, signed by the settlor or any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation."

The second route is unavailable if the trust instrument "explicitly makes the method of revocation provided in the trust instrument the exclusive method." A later will does not revoke a trust under this paragraph, because the writing must be something "other than a will." Unless the trust instrument provides otherwise, the settlor may modify the trust by the same procedure used for revocation (§ 15402). These revocation methods govern trusts created by an instrument signed on or after July 1, 1987; the manner of revoking an older trust is governed by prior law (§ 15401(e)). Unless the instrument says otherwise, where a trust has more than one settlor, each settlor may revoke it as to the portion that settlor contributed, except as provided in Family Code section 761 (§ 15401(b)(1)).

An agent under a power of attorney cannot modify or revoke the trust "unless it is expressly permitted by the trust instrument" (§ 15401(c)). That matters for incapacity planning; see California power of attorney laws.

Married couples and community property

Family Code section 761(a) provides that, unless the trust instrument or the transfer instrument expressly provides otherwise, community property transferred into a trust remains community property during the marriage if the trust is revocable as to that property during the marriage and any power to modify the spouses' rights in it may be exercised only with the joinder or consent of both spouses. Under section 761(b), unless the trust instrument expressly provides otherwise, "a power to revoke as to community property may be exercised by either spouse acting alone."

Creditors during the settlor's lifetime

While the settlor keeps a power to revoke, the trust property stays within reach of the settlor's creditors. Section 18200 provides that if the settlor retains the power to revoke the trust in whole or in part, "the trust property is subject to the claims of creditors of the settlor to the extent of the power of revocation during the lifetime of the settlor."

Certification of trust

A trustee may present a certification of trust instead of a copy of the trust instrument to establish the trust's existence or terms (§ 18100.5(a)). The certification must state that the trust has not been revoked, modified or amended in any way that would make its representations incorrect, must state that all currently acting trustees are signing it, and must take the form of an acknowledged declaration signed by all currently acting trustees (§ 18100.5(c)). A person who relies on a certification without actual knowledge that its representations are incorrect is not liable for doing so (§ 18100.5(f)).

After the settlor dies: notice and the contest deadline

When a revocable trust becomes irrevocable because a settlor dies, section 16061.7 requires the trustee to serve a notification by trustee no later than 60 days after the event that requires it (§ 16061.7(f)). The notification goes to each beneficiary, subject to the limits in section 15804, and to each heir of the deceased settlor (§ 16061.7(b)). A settlor's waiver of the notice requirement is void (§ 16061.7(i)). The notification must carry a warning in boldface type that a contest may not be brought "more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later."

Section 16061.8 makes that the deadline. A person served with the notification "shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later." The clock runs from service of the notification, not from the date of death, and it applies whether the trustee served the notice within the 60-day period or later.

What is a pour-over will in California?

A pour-over will leaves property to the trustee of the testator's trust. Section 6300(a) allows a devise "by a will to the trustee of a trust established or to be established by the testator" if the trust is identified in the will and its terms are set out in a written instrument (other than a will) executed before, at the same time as, or within 60 days after the will, or in the valid last will of a person who died before the testator, "regardless of the existence, size, or character of the trust property."

The same subsection adds: "The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator." One limit runs the other way. Unless the will provides otherwise, revoking or terminating the trust before the testator's death causes the devise to lapse (§ 6300(c)).

After a death: delivering the original will

Unless a petition for probate of the will has already been filed, the custodian of a will must, within 30 days after learning of the testator's death, deliver the will personally or by registered or certified mail to the clerk of the superior court of the county where the estate may be administered, and deliver a copy to the person named as executor or, if the executor's whereabouts are unknown, to a named beneficiary whose whereabouts the custodian knows (§ 8200(a)). A custodian who fails to comply "shall be liable for all damages sustained by any person injured by the failure" (§ 8200(b)). An attorney who holds a deposited will must use ordinary care to preserve it and keep it in a safe, vault, safe deposit box or other secure place (§ 710).

California wills and trusts at a glance

Recent changes

• 2025: Section 21621, the exceptions to the omitted-child share, was amended by Stats. 2024, ch. 80 (SB 1525), effective January 1, 2025.
• 2023: Section 16061.8, the trust contest deadline, was amended by Stats. 2022, ch. 30 (AB 1745), effective January 1, 2023.
• 2020: Section 6100.5, the capacity test for wills, was amended by Stats. 2019, ch. 9 (AB 46), effective January 1, 2020.

Making a will in practice

Our free California will generator can help draft a basic will. Whatever tool or form is used, the document still has to be signed and witnessed under section 6110, or meet the holographic rules in section 6111, to be valid. Complex estates, blended families, business interests or tax concerns are reasons people consult a lawyer licensed in California.

Related

• Wills and trusts laws by state
• California probate
• California small estate affidavit
• California power of attorney laws

This article provides general legal information about California law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in California or the superior court in the county concerned.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in California?

At least 2. Under Probate Code section 6110(c)(1), two persons must sign during the testator's lifetime after being present at the same time to witness the testator sign the will or acknowledge the signature or the will, and they must understand the document is the testator's will. A holographic will under section 6111 needs no witnesses.

Does a will have to be notarized in California?

No. Section 6110 requires a writing, a signature and two witnesses, not a notary. Unless the will is contested, it can be proved at probate by one subscribing witness or by a witness affidavit under section 8220.

Is a handwritten will legal in California?

Yes, if the signature and the material provisions are in the testator's handwriting, whether or not it is witnessed (Probate Code section 6111(a)). Without a date, it can be invalid to the extent it conflicts with another will unless it is shown to have been signed after that will, and invalid if the testator lacked capacity at any time it might have been written unless it is shown to have been written while the testator had capacity (section 6111(b)).

Can a beneficiary be a witness to a will in California?

The will stays valid (section 6112(b)). But unless two other disinterested witnesses also signed, a gift to the witness is presumed to have been procured by duress, menace, fraud or undue influence. The witness can rebut that presumption, and it does not apply to a gift made to the witness solely as a fiduciary; a witness who does not rebut it takes no more than the share he or she would receive if the will were not established (section 6112(c)-(d)).

Are electronic wills valid in California?

The will-execution sections of the Probate Code (sections 6110 to 6113) contain no provision for electronic wills or remote witnessing, and section 6110 requires the witnesses to be present at the same time.

What if a California will was not witnessed properly?

Under section 6110(c)(2), it is treated as properly witnessed if the person offering it proves by clear and convincing evidence that the testator intended it as the testator's will when signing. That cure applies only to the witness requirement, not to the writing or signature requirements.

Does divorce revoke a will in California?

Not the whole will. Under section 6122, unless the will expressly says otherwise, a dissolution or annulment after the will was signed revokes its gifts, powers of appointment and executor, trustee, conservator or guardian nominations for the former spouse. Remarriage to the former spouse revives those provisions. A legal separation that does not end the marriage does not count, and the rule does not apply where the judgment became final before January 1, 1985. Outside the will, if the marriage was dissolved or annulled on or after January 1, 2002, a nonprobate transfer to the former spouse in an instrument signed before or during the marriage, such as a trust provision or a pension or employee benefit plan designation but not a life insurance provision, fails unless the transferor could no longer revoke it at death, clear and convincing evidence shows the transferor meant to keep it, or a court order requires it to be maintained (sections 5040 and 5048). For employer benefit plans governed by the federal Employee Retirement Income Security Act (ERISA), the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts such a state statute as applied to those plans.

Is a living trust revocable in California?

Yes, unless the trust instrument expressly makes it irrevocable, when the settlor was domiciled in California at creation, the trust was signed in California, or the trust chooses California law (section 15400). A trust created by an instrument signed on or after July 1, 1987 can be revoked by its own method or, unless that method is exclusive, by a signed writing other than a will delivered to the trustee during the settlor's lifetime (section 15401).

How long do you have to contest a living trust in California?

A person served with the trustee's notification has 120 days from service, or 60 days from delivery of a copy of the trust terms during that 120-day period, whichever is later (Probate Code section 16061.8). The trustee must serve the notification within 60 days after the trust becomes irrevocable at the settlor's death (section 16061.7).

Can a spouse be left out of a will in California?

A will can dispose only of the testator's separate property and the testator's half of community and quasi-community property (section 6101). A spouse who married the testator after all of the testator's testamentary instruments were signed and is not provided for in them receives an omitted-spouse share under section 21610, subject to the exceptions in section 21611, such as an intentional omission that appears from the instruments or a valid waiver by the spouse.