Islamic will by state › California
Islamic will (wasiyya) in California
Write your wasiyya (will) by your own school — Sunni or Shia — and sign it so it stands in California.
What your wasiyya (will) covers
- What you owe to Allah — zakat, Hajj, missed prayers and fasts, kaffara, and khums for Shia members.
- What you owe to people — debts and trusts (amanat).
- Your heirs' shares under the Qur'an, by the Sunni schools or the Jaʿfari school, as a guide for your executor.
- Up to one-third for the causes and people you choose, your executor, and guardians for young children.
Signing it so it holds up in California
Each US state sets its own rules for signing a will. Most ask for your signature in front of two adult witnesses — safest if they inherit nothing under it — and some let you add a notarized "self-proving" statement so the witnesses needn't be found later. Read California's will rules (FindLaw).
Your wasiyya (will) on Islamic Souls comes out as a PDF to print and sign, and you keep the signed copy on your private page so it's never lost.
Passing things on without probate in California
- Your home: California allows a transfer-on-death deed, so a home can pass to the people you name without probate. California allows revocable transfer-on-death deeds for real estate (Probate Code 5600 and following); confirm current rules with the county recorder.
- Small estates: For deaths on or after April 1, 2025, estates up to $208,850 can use a small estate affidavit once 40 days have passed (Probate Code 13100).
- Cars: California DMV lets an heir transfer a deceased owner's vehicle with a death certificate and form REG 5 (Affidavit for Transfer without Probate); value limits apply.
- Real estate worth up to $69,625 can pass by affidavit (form DE-305); a primary home up to $750,000 can pass by court petition (form DE-310).
Sources: San Diego Superior Court - Small estate affidavit form · Sacramento County Public Law Library - Small estate limits · Judicial Council form DE-310 · California DMV - Title transfers
Members can ask a licensed estate attorney to prepare a trust or deed and write the Islamic shares into it. More about avoiding probate.
Muslim burial and ghusl in California: Fremont · Garden Grove · La Verne · Livermore · Los Angeles · Monrovia · Pomona · San Jose · Santa Clara · Westminster · Whittier
General information, not legal advice. Laws change; an attorney in California can confirm what applies to you. Checked 2026.