California's Free Will Template
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In the early 1980s, the California legislature introduced a free fill-in-the-blank will specifically designed for residents. This document is known as the California Statutory Will, and it is codified in California Probate Code Section 6240. Notably, California is one of only five states in the nation that offers a statutory will for its residents.
When completed and signed correctly, the California Statutory Will is a legally valid document recognized by California courts. It is:
- Fast to fill out
- Easy to understand
- Well-suited to many Californians’ idea of a simple will
- The fastest and easiest way to nominate guardians for your minor children
Frequently Asked Questions
No, in fact, having only a will of any type (statutory, holographic, formal) will do nothing to avoid probate. When you die with assets worth more than $184,500 in your personal name without a mechanism for transfer, such as a beneficiary designation or holding title through joint tenancy, probate is generally required to transfer your assets after your death.
Wrapping Things Up, LLC is a legal self-help tool developed by William Ha, an estate planning attorney in Los Angeles County to highlight free basic estate planning tools available to Californians.
The will generator is a wizard that steps you through the questions in the statutory will form. Your answers are transposed onto the PDF. The signature boxes on questions 2, 3, and 5 that you did not select are blacked off, and the choice you did select is circled on the paragraph on the left side, indicating your intended selection. This is to help note to the user that the selected choice box must be signed on the right, and it prevents inadvertent signing of options you did not intend to make.
This feature is to help prevent Prob. Code § 6224 applying the rules of intestacy due to the ambiguity caused by multiple boxes signed in paragraph 2, 3, and 5, or signing nothing at all in paragraph 5. This result is a common criticism of the California Statutory Will, and is a common error for those who use it without carefully reading the instructions.
This feature is to help prevent Prob. Code § 6224 applying the rules of intestacy due to the ambiguity caused by multiple boxes signed in paragraph 2, 3, and 5, or signing nothing at all in paragraph 5. This result is a common criticism of the California Statutory Will, and is a common error for those who use it without carefully reading the instructions.
Two relevant sections appear to answer this, Prob Code sections 6225 and 6242(a). 6225 states "only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded." Whereas 6242(a) states, "[e]xcept as specifically provided in this chapter, a California statutory will shall include only the texts of the property disposition clauses and the mandatory clauses as they exist on the day the California statutory will is executed."
Reading these two sections together, it seems to suggest that only textual portions of the mandatory and property disposition clauses are to be used to consider the meaning, and not the titles or anything else.
A common standing question from people using this will prior to this project is whether they are supposed to cross out choices they do not intend to make as a way to prevent others from tampering with the document. Though there are no instructions that speaks to this, Prob Code § 6226(b) can provide a potential clue as to how the courts will or will not interpret marks on a statutory will. In paragraph (b), it states “[a]ny additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, shall be given effect only where clear and convincing evidence shows that they would effectuate the clear intent of the testator.” This seems to suggest it’s possible to validly deviate from the form and to have those changes recognized as long as the intent was clear.
However this portion of the section may not need to be relied on, as one does not need consider the marks generated by the wizard to infer the actual selection of the signer. Because where the signature is located is what ultimately determines the choice made, the marks generated do not materially and substantively add to the choice made by the signer. Nonetheless, signing the empty box next to a circled option among the blacked out boxes can indicate clear and convincing evidence the signer intended to select/ratify their the associated option that was pre-selected using this wizard.
Prob Code § 6226(b) continues to state “[i]n the absence of [clear and convincing evidence], the court either may determine that the addition or deletion is ineffective and shall be disregarded, or may determine that all or a portion of the California statutory will is invalid, whichever is more likely to be consistent with the intent of the testator.”
If the court determines the marks added by the wizard should be disregarded, it ultimately does not change the selected option by the signer as the intent is already clearly indicated by the placement of the signature. However, if your specific circumstance coupled with the marks added by the generator is inconsistent with your true intent, then this will will be ruled invalid by the court. This is fact specific, and only you can determine this.
Reading these two sections together, it seems to suggest that only textual portions of the mandatory and property disposition clauses are to be used to consider the meaning, and not the titles or anything else.
A common standing question from people using this will prior to this project is whether they are supposed to cross out choices they do not intend to make as a way to prevent others from tampering with the document. Though there are no instructions that speaks to this, Prob Code § 6226(b) can provide a potential clue as to how the courts will or will not interpret marks on a statutory will. In paragraph (b), it states “[a]ny additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, shall be given effect only where clear and convincing evidence shows that they would effectuate the clear intent of the testator.” This seems to suggest it’s possible to validly deviate from the form and to have those changes recognized as long as the intent was clear.
However this portion of the section may not need to be relied on, as one does not need consider the marks generated by the wizard to infer the actual selection of the signer. Because where the signature is located is what ultimately determines the choice made, the marks generated do not materially and substantively add to the choice made by the signer. Nonetheless, signing the empty box next to a circled option among the blacked out boxes can indicate clear and convincing evidence the signer intended to select/ratify their the associated option that was pre-selected using this wizard.
Prob Code § 6226(b) continues to state “[i]n the absence of [clear and convincing evidence], the court either may determine that the addition or deletion is ineffective and shall be disregarded, or may determine that all or a portion of the California statutory will is invalid, whichever is more likely to be consistent with the intent of the testator.”
If the court determines the marks added by the wizard should be disregarded, it ultimately does not change the selected option by the signer as the intent is already clearly indicated by the placement of the signature. However, if your specific circumstance coupled with the marks added by the generator is inconsistent with your true intent, then this will will be ruled invalid by the court. This is fact specific, and only you can determine this.
Yes, you can download one here.
The greatest benefit of the Statutory Will is that it is simple to fill out, and it can be done very quickly. In time sensitive scenarios, this can allow a person to put together a will that conforms to their wishes, particularly if it is simple. For many people, the options available through the statutory will will fit their needs (for example: assets should go to my spouse, and if she not alive, then it should go to my children), but for people who have more complex wishes, a formal will is generally a better choice.
The answer isn’t clear. One reason is because it was introduced many years ago in the early 1980s, which is prior to the dawn of modern internet, personal computers, and printers. Back then, people generally purchased the form through a local stationary store, and the PDF representation of the will only became widely available much later. Another reason could be that the rise of popular legal self-help websites targeted the national market and promoting the California Statutory Will may go against their business model. Only five states — Michigan, Maine, New Mexico, Wisconsin, and California — have passed laws allowing statutory wills.
Generally in a week. If you need it sooner, please acquire or find access to a printer and print it out.
Yes, a properly filled out, signed, and witnessed California Statutory Will is a valid will, and it can be admitted to probate. It’s important to note that special care must be exercised when filling out the California Statutory Will.