The California Statutory Will is a legal document that allows individuals to outline their wishes regarding asset distribution after their death. It simplifies the process by providing a structured format for individuals to specify beneficiaries and make specific gifts. To ensure your wishes are honored, consider filling out this form by clicking the button below.
The California Statutory Will form is a straightforward tool designed to help individuals express their wishes regarding the distribution of their assets after death. This form follows the guidelines set forth in California Probate Code, Section 6240, ensuring that it meets legal requirements. Users begin by reading the entire document to understand its contents fully. The form includes sections for specific gifts, allowing individuals to designate personal property, such as a home or automobiles, to particular beneficiaries. It also outlines how to handle cash gifts and the distribution of remaining assets. Importantly, the form allows for the nomination of guardians for minor children, ensuring their care in the absence of a parent. Additionally, it provides options for appointing a custodian for assets intended for beneficiaries under the age of 25. To finalize the will, individuals must date and sign the document in the presence of two witnesses, who must also sign. This process helps ensure that the will is legally binding and reflects the individual's intentions.
California Statutory Will
California Probate Code, Section 6240
INSTRUCTIONS
1.READ THE WILL. Read the whole Will first. If you do not understand something, ask a lawyer to explain it to you.
2.FILL IN THE BLANKS. Fill in the blanks. Follow the instructions in the form carefully. Do not add any words to the Will (except for filling in blanks) or cross out any words.
3.DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT. Date and sign the Will and have two witnesses sign it. You and the witnesses should read and follow the Notice to Witnesses found at the end of this Will.
CALIFORNIA STATUTORY WILL OF
Print Your Full Name
1.Will. This is my Will. I revoke all prior Wills and codicils.
2.Specific Gift of Personal Residence. (Optional-use only if you want to give your personal residence to a different person or persons than you give the balance of your assets to under paragraph 5 below.) I give my interest in my principal personal residence at the time of my death (subject to mortgages and liens) as follows:
(Select one choice only and sign in the box after your choice.)
a. Choice One: All to my spouse or domestic partner, registered with the California Secretary of State, if my spouse or domestic partner, registered with the California Secretary of State, survives me; otherwise to my descendants (my children and the descendants of my children) who survive me.
b. Choice Two: Nothing to my spouse or domestic partner, registered with the California Secretary of State; all to my descendants (my children and the descendants of my children) who survive me.
c. Choice Three: All to the following person
if he or she survives me (Insert the name of the person.):
.
_______________________________________
d. Choice Four: Equally among the following persons who survive me (Insert the names of two or more persons.):
______________________________________
3.Specific Gift of Automobiles, Household and Personal Effects. (Optional–use only if you want to give automobiles and household and personal effects to a different person or persons than you give the balance of your assets to under paragraph 5 below.) I give all of my automobiles (subject to loans), furniture, furnishings, household items, clothing, jewelry, and other tangible articles of a personal nature at the time of my death as follows:
c. Choice Three: All to the following person if he or she survives me (Insert the name of the person.):
4.Specific Gifts of Cash. (Optional) I make the following cash gifts to the persons named below who survive me, or to the named charity, and I sign my name in the box after each gift. If I do not sign in the box, I do not make a gift. (Sign in the box after each gift you make.)
Name of Person or Charity to receive gift
Amount of Cash Gift
(name one only – please print)
__________________________________________
Sign your name in this box to make this gift
___________________________________________
5.Balance of My Assets. Except for the specific gifts made in paragraphs 2, 3 and 4 above, I give the balance of my assets as follows:
(Select one choice only and sign in the box after your choice. If I sign in more than one box or if I do not sign in any box, the court will distribute my assets as if I did not make a Will.)
6.Guardian of the Child's Person. If I have a child under age 18 and the child does not have a living parent at my death, I nominate the individual named below as First Choice as guardian of the person of that child (to raise the child). If the First Choice does not serve, then I nominate the Second Choice, and then the Third Choice, to serve. Only an individual (not a bank or trust company) may serve.
Name of First Choice for Guardian of the Person
Name of Second Choice for Guardian of the Person
Name of Third Choice for Guardian of the Person
7.Special Provision for Property of Persons Under Age 25. (Optional–unless you use this paragraph, assets that go to a child or other person who is under age 18 may be given to the parent of the person, or to the Guardian named in paragraph 6 above as guardian of the person until age 18, and the court will require a bond, and assets that go to a child or other person who is age 18 or older will be given outright to the person. By using this paragraph you may provide that a custodian will hold the assets for the person until the person reaches any age from 18 to 25 which you choose.) If a beneficiary of this Will is under the age chosen below, I nominate the individual or bank or trust company named below as First Choice as custodian of the property. If the First Choice does not serve, then I nominate the Second Choice, and then the Third Choice, to serve.
Name of First Choice for Custodian of Assets
Name of Second Choice for Custodian of Assets
Name of Third Choice for Custodian of Assets
Insert any age from 18 to 25 as the age for the person to receive the property: (If you do not choose an age, age 18 will apply.)
8.Executor. I nominate the individual or bank or trust company named below as First Choice as executor. If the First Choice does not serve, then I nominate the Second Choice, and then the Third Choice, to serve.
Name of First Choice for Executor
Name of Second Choice for Executor
Name of Third Choice for Executor
9.Bond. My signature in this box means a bond is not required for any person named as executor. A bond may be required if I do not sign in this box:
No bond shall be required.
(Notice: You must sign this Will in the presence of two (2) adult witnesses. The witnesses must sign their names in your presence and in each other's presence. You must first read to them the following sentence.)
This is my Will: I ask the persons who sign below to be my witnesses.
Signed on_______________________ at __________________________, California.
(date)(city)
Signature of Maker of Will
(Notice to Witnesses: Two (2) adults must sign as witnesses. Each witness must read the following clause before signing. The witnesses should not receive assets under this Will.)
Each of us declares under penalty of perjury under the laws of the State of California that the following is true and correct:
a. On the date written below the maker of this Will declared to us that this instrument was the maker's Will and requested us to act as witnesses to it;
b. We understand this is the maker's Will;
c. The maker signed this Will in our presence, all of us being present at the same time;
d. We now, at the maker's request, and in the maker's and each other's presence, sign below as witnesses; e. We believe the maker is of sound mind and memory;
f. We believe that this Will was not procured by duress, menace, fraud or undue influence; g. The maker is age 18 or older; and
h. Each of us is now age 18 or older, is a competent witness, and resides at the address set forth after his or her name.
Dated: _________________, _______________________
Signature of witness
Print name here:
____________________________
Residence address:
_____________________________
________________________________
Residence address
AT LEAST TWO WITNESSES MUST SIGN NOTARIZATION ALONE IS NOT SUFFICIENT
Completing the California Will form is an important step in ensuring that your wishes are honored after your passing. This process requires careful attention to detail, as the form must be filled out accurately to reflect your intentions. Following the steps below will help guide you through this task.
After completing these steps, your Will will be ready for the next phase, which involves ensuring it is properly witnessed and stored in a safe place. This will help protect your wishes and provide peace of mind for you and your loved ones.
What is a California Statutory Will?
A California Statutory Will is a legal document that allows individuals to outline how they want their assets distributed after their death. It follows a specific format established by California law, making it easier for individuals to create a valid will without needing extensive legal knowledge.
Who can use the California Statutory Will form?
Any adult resident of California can use the California Statutory Will form, provided they are of sound mind and not under duress. It is particularly useful for individuals with straightforward estate plans, such as those without complex assets or significant wealth.
How do I fill out the California Statutory Will form?
Start by reading the entire form carefully. Fill in the blanks as instructed, avoiding any additions or deletions of words. Once completed, date and sign the will. Additionally, two witnesses must sign the document, confirming they observed you signing it. They should also read the Notice to Witnesses included at the end of the form.
What happens if I do not sign the will in front of witnesses?
If you do not sign the will in the presence of two witnesses, the document may be deemed invalid. This could lead to complications in the distribution of your assets, potentially resulting in your estate being distributed according to California's intestacy laws.
Can I make changes to the California Statutory Will after it is signed?
Once signed, you cannot make changes to the California Statutory Will by crossing out or adding words. If you need to make changes, you should create a new will or an amendment (codicil) that complies with California law. Always consult a legal professional for guidance on this process.
What is the role of the executor in a will?
The executor is responsible for managing the estate after your death. This includes settling debts, distributing assets to beneficiaries, and ensuring that the will is executed according to your wishes. You can nominate an individual or a bank/trust company as your executor in the will.
What if I have minor children?
If you have minor children, you can nominate a guardian for them in your will. It is essential to choose someone you trust to raise your children in the event of your death. You can also name alternative guardians in case your first choice is unable or unwilling to serve.
What are specific gifts in a will?
Specific gifts refer to particular items or amounts of money that you want to leave to specific individuals or charities. In the California Statutory Will, you can specify gifts of personal property, cash, or your personal residence. Clearly indicating these gifts helps ensure your wishes are honored.
Is it necessary to have a lawyer to create a California Statutory Will?
While it is not mandatory to have a lawyer to create a California Statutory Will, consulting one is advisable, especially if your estate has complexities. A lawyer can provide valuable insights, help avoid mistakes, and ensure that your will complies with all legal requirements.
What happens if I die without a will in California?
If you die without a will, California's intestacy laws will determine how your assets are distributed. This process may not align with your wishes and can lead to delays and complications. Creating a will ensures that your assets are distributed according to your preferences.
Filling out the California Will form can be a straightforward process, but many people make common mistakes that can lead to complications. One frequent error is failing to read the entire Will before filling it out. Understanding the document is crucial. If any part is unclear, seeking legal advice is essential. Skipping this step can result in unintended consequences.
Another common mistake is adding words or making alterations to the Will. The instructions clearly state to only fill in the blanks and not to add or cross out any text. Doing so can invalidate the Will. It's vital to follow the form's structure precisely to ensure that the document remains legally binding.
Many individuals overlook the importance of signatures. After filling out the Will, it must be dated and signed by the person making the Will. Additionally, two witnesses must also sign it. If any of these signatures are missing, the Will may not be recognized in probate court, which can delay the distribution of assets.
People often neglect to choose their beneficiaries carefully. In sections that require selecting individuals or groups to receive specific gifts, failing to choose or signing in multiple boxes can create confusion. This can lead to disputes among heirs or even result in the court distributing assets as if no Will existed.
Another mistake involves the nomination of guardians for minor children. If a person has a child under 18, it is essential to name a guardian. Failing to do so can leave the decision up to the court, which may not align with the deceased's wishes. Properly nominating guardians ensures that children are cared for by trusted individuals.
Finally, many people forget to address the issue of an executor. This person will be responsible for managing the estate. Not nominating an executor or failing to provide alternatives can lead to complications during probate. It is crucial to select a trustworthy individual or institution to fulfill this role.
When creating a California Will, individuals often consider additional documents that can complement their estate planning efforts. These forms serve various purposes, from designating guardians for minor children to establishing trusts for asset management. Understanding these documents can help ensure that one’s wishes are clearly articulated and legally binding.
Incorporating these documents into estate planning can provide clarity and peace of mind. Each serves a unique purpose and can help ensure that one’s wishes are honored and that loved ones are supported during challenging times.
The California Will form shares similarities with several other legal documents that serve to outline an individual's wishes regarding the distribution of their assets upon death. Below is a list of seven documents that are comparable to the California Will form, along with a brief explanation of how each is similar.
When filling out the California Will form, there are several important dos and don'ts to keep in mind. Following these guidelines will help ensure that your will is valid and reflects your wishes.
When it comes to creating a will in California, many people have misconceptions that can lead to confusion and mistakes. Here are eight common misconceptions about the California Will form, along with explanations to clarify each point.
This is not true. The California Statutory Will form has specific sections and instructions. You should only fill in the blanks and follow the provided guidelines without adding extra words or crossing anything out.
California law requires that your will be signed in the presence of two witnesses. They must also sign the document to validate it. Without these signatures, your will may not be legally recognized.
A handwritten note may not be valid if it conflicts with the statutory will. In California, once you create a will using the statutory form, it revokes any prior wills. Therefore, any additional notes may create confusion and could be disregarded.
While you can leave your assets to one person, you must clearly indicate this in the will. The form requires you to select specific options regarding how your assets will be distributed. If you don’t fill these out correctly, the court will distribute your assets as if you had no will.
This is false. While it is advisable to consult with a lawyer for complex situations, the California Statutory Will form is designed for individuals to use without legal assistance. However, understanding the instructions is crucial.
You can change your will, but it must be done properly. If you want to revoke or alter your existing will, you must do so in writing and follow the legal requirements to ensure it is valid.
In California, notarization is not required for a will to be valid. The presence of two witnesses is sufficient. However, having a notarized will can simplify the probate process.
While you have the freedom to choose your executor, it’s important to select someone who is responsible and trustworthy. Additionally, certain individuals, like minors or those who have been convicted of a felony, cannot serve as executors.
Understanding these misconceptions can help ensure that your will is valid and reflects your wishes. Always consider seeking legal advice if you have any doubts or specific questions about your situation.
Filling out the California Will form is an important step in ensuring your wishes are honored after your passing. Here are some key takeaways to keep in mind:
By keeping these points in mind, you can navigate the process of creating a Will in California more smoothly. Proper planning can provide peace of mind for you and your loved ones.