Every Thing You Need to Know About Statutory Will
One among the four states that allow Statutory Wills is California, Will is found in the Probate Code under Section 6240. Statutory Wills are simply a form based”fill in the blanks” to be filled by the Will maker. Presently, California, Maine, Michigan and Wisconsin, residents have a choice of Statutory Will.
The concept of implementing a Will is to let people quickly prepare a will themselves. People do not need assistance from lawyers to prepare a statutory Will. Ironically, the easiest and comfortable option of drafting a will is not flexible. Wills limit the applicant’s needs, the only options available are the ones present on the form. Anything outside it, whether you cross it or add a new option will invalidate the will. California law provides for a “fill-in-the-blanks” will form. The will form is designed for single, married or divorced people with relatively small estates
The printed forms for Statutory Wills are readily available from the State Bar of California. You can also download it on the Internet, from most of the legal websites. A Californian Statutory Will is valid only if the testator completes the appropriate blanks, signs it and the will is witnessed by two witnesses.
The state legislature creates the statutory wills and is written into state law. The statutory wills are available free of charge to the residents of California.
Advantages and Disadvantages of Statutory Wills There are three main benefits to using a statutory will:
- Access: It is easily accessible from the State Bar of California
- Familiarity: Because the document is written by the state, it will be familiar to the probate court and if you follow the instructions, it is very unlikely that anyone would be able to challenge the will based on the language it uses.
- Simplicity: To use a statutory will, you do not needa lawyer. You can simply copy the language of the will fromthe statutes and paste it into a word document, fill in the blanks, and follow the instructions for signing and witnessing.
There is one major disadvantage to using a statutory will: It cannot be altered to suit to one’s particular situation. It is a one-size-fits-all Will. It must be taken as it is written and its language cannot be changed to add or delete any clauses to customize it to one’s needs.
For More information on Wills, Probate, Trusts, and Estate Litigation, contact Law Office of Michael C. Maddux at 909-890-2350 or fill out a Request for a free Initial Consultation.