Fillable Printable Questions And Answers About This California Statutory Will
Fillable Printable Questions And Answers About This California Statutory Will
Questions And Answers About This California Statutory Will
QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA
STATUTORY WILL
The following in formation, in question and answer form, is not a part of the California Statutory Will. I t is designed
to help you understand ab o ut Wills and to decide if this Wi ll meets your needs. This Will is in a si mple form. The
complete text of each paragraph of this Will is printed at the end of the Will.
1. What happens if I die without a Will? If you die without a Will, what you own (your “assets”) in your name
alone will be divided among your spouse, domestic partner, children, or other relatives according to state law. The
court will appoint a relative to collect and distribute your assets.
2. What can a Will do for me? In a Will you may designate who will receive your assets at your death. You
may designate someone (called an “executor”) to appear before the court, collect your assets, pay your debts and
taxes, and distribute your assets as you specify. You may nominate someone (called a “guardian”) to raise your
children who are under age 18. You may designate someone (called a “custodian”) to manage assets for your
children until they reach any age from 18 to 25.
3. Does a Will avo id probate? No. With or without a Will, assets in your name alone usually go through the
court probate process. The court’s first job is to determine if your Will is valid.
4. What is community property? Can I give away my share in my Will? If you are married and you or your
spouse earned money during your marriage from work and wages, that money (and the assets bought with it) is
community property. Your Will can only give away your one-half of community property. Your Will cannot give
away your spouse’s one-half of community property.
5. Does my Will give a way all of my assets? Do all assets go through probate? No. Money in a joint tenancy
bank account automatically belongs to the other named owner without probate. If your spouse, domestic partner, or
child is on the deed to your house as a joint tenant, the house automatically passes to him or her. Life insurance and
retirement plan benefits may pass directly to the named beneficiary. A Will does not necessarily control how these
types of “nonprobate” assets pass at your death.
6. Are there different kinds of Wills? Yes. There are handwritten Wills, typewritten Wills, attorney-prepared
Wills, and statutory Wills. All are valid if done precisely as the law requires. You should see a lawyer if you do not
want to use this Statutory Will or if you do not understand this form.
7. Who may use this Will? This Will is based on California law. It is designed only for California residents.
You may use this form if you are single, married, a member of a domestic partnership, or divorced. You must be age
18 or older and of sound mind.
8. Are there any reasons why I should NOT use this Statutory Will? Yes. This is a simple Will. It is not
designed to reduce death taxes or other taxes. Talk to a lawyer to do tax planning, especially if (i) your assets will be
worth more than $600,000 or the current amount excluded from estate tax under federal law at your death, (ii) you
own business-related assets, (iii) you want to create a trust fund for your children’s education or other purposes, (iv)
you own assets in some other state, (v) you want to disinherit your spouse, domestic partner, or descendants, or (vi)
you have valuable interests in pension or profit-sharing plans. You should talk to a lawyer who knows about estate
planning if this Will does not meet your needs. This Will treats most adopted children like natural children. You
should talk to a lawyer if you have stepchildren or foster children whom you have not adopted.
9. May I add or cross o ut any words o n this Will? No. If you do, the Will may be invalid or the court may
ignore the crossed out or added words. You may only fill in the blanks. You may amend this Will by a separate
document (called a codicil). Talk to a lawyer if you want to do something with your assets which is not allowed in
this form.
10. May I change my Will? Yes. A Will is not effective until you die. You may make and sign a new Will. You
may change your Will at any time, but only by an amendment (called a codicil). You can give away or sell your
assets before your death. Your Will only acts on what you own at death.
11. Where should I keep my Will? After you and the witnesses sign the Will, keep your Will in your safe
deposit box or other safe place. You should tell trusted family members where your Will is kept.
12. When should I change my Will? You should make and sign a new Will if you marry, divorce, or terminate
your domestic partnership after you sign this Will. Divorce, annulment, or termination of a domestic partnership
automatically cancels all property stated to pass to a former husband, wife, or domestic partner under this Will, and
revokes the designation of a former spouse or domestic partner as executor, custodian, or guardian. You should sign
a new Will when you have more children, or if your spouse or a child dies, or a domestic partner dies or marries.
You may want to change your Will if there is a large change in the value of your assets. You may also want to
change your Will if you enter a domestic partnership or your domestic partnership has been terminated after you
sign this Will.
13. What can I do if I do not u nderstand something in this Will? If there is anything in this Will you do not
understand, ask a lawyer to explain it to you.
14. What is an executor? An “executor” is the person you name to collect your assets, pay your debts and
taxes, and distribute your assets as the court directs. It may be a person or it may be a qualified bank or trust
company.
15. Should I require a bond? You may require that an executor post a “bond.” A bond is a form of insurance to
replace assets that may be mismanaged or stolen by the executor. The cost of the bond is paid from the estate’s
assets.
16. What is a guardian? Do I need to designate one? If you have children under age 18, you should designate a
guardian of their “persons” to raise them.
17. What is a cu stodian? Do I need to designate one? A “custodian” is a person you may designate to manage
assets for someone (including a child) who is under the age of 25 and who receives assets under your Will. The
custodian manages the assets and pays as much as the custodian determines is proper for health, support,
maintenance, and education. The custodian delivers what is left to the person when the person reaches the age you
choose (from 18 to 25). No bond is required of a custodian.
18. Should I ask people if they are willing to serve before I designate them as executor, guardian, or
custodian? Probably yes. Some people and banks and trust companies may not consent to serve or may not be
qualified to act.
19. What happens if I make a gift in this Will to someone and that person dies before I do? A person must
survive you by 120 hours to take a gift under this Will. If that person does not, then the gift fails and goes with the
rest of your assets. If the person who does not survive you is a relative of yours or your spouse, then certain assets
may go to the relative’s descendants.
20. What is a trust? There are many kinds of trusts, including trusts created by Wills (called “testamentary
trusts”) and trusts created during your lifetime (called “revocable living trusts”). Both kinds of trusts are long-term
arrangements in which a manager (called a “trustee”) invests and manages assets for someone (called a
“beneficiary”) on the terms you specify. Trusts are too complicated to be used in this Statutory Will. You should see
a lawyer if you want to create a trust.
21. What is a do mestic partner? You have a domestic partner if you have met certain legal requirements and
filed a form entitled “Declaration of Domestic Partnership” with the Secretary of State. Notwithstanding Section
299.6 of the Family Code, if you have not filed a Declaration of Domestic Partnership with the Secretary of State,
you do not meet the required definition and should not use the section of the Statutory Will form that refers to
domestic partners even if you have registered your domestic partnership with another governmental entity. If you are
unsure if you have a domestic partner or if your domestic partnership meets the required definition, please contact
the Secretary of State’s office.
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.
*You do not need to have this document notarized. Notarization will not fulfill the witness requirement.
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:
(Select one choice only and sign in the box after your choice.)
a. Choice One: All to my spouse or domestic
partner, r egistered with the California Secretary o f
State, if my spouse o r domestic partner, registered
with the California Secretary of State, survives
me; otherwise to my descendants (my children
and the d escendants 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 ch ildren) 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 (Ins ert the name s of t wo
or more persons.):
4. Specific Gifts of Cash. (Optional) I make the following cash gifts to the persons named b elow who survive me,
or to the na med charity, and I sign my name in the box after each gift. If I do not sign in the b ox, I do not make a
gift. (Sign in the box after each gift you make.)
Name o f Person or Charity to
receive gift (name one only—
please print)
Amount of Cash Gift
Sign your name in this box to make this gift
Name o f Person or Charity to
receive gift (name one only—
please print)
Amount of Cash Gift
Sign your name in this box to make this gift
Name of Person or Charity to
receive gift (name one only—
please print)
Amount of Cash Gift
Sign your name in this box to make this gift
Name of Person or Charity to
receive gift (name one only—
please print)
Amount of Cash Gift
Sign your name in this box to make this gift
Name o f Person or Charity to
receive gift (name one only—
please print)
Amount of Cash Gift
Sign your name in this box to make this gift
5. Balance of My Assets. Excep t 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.)
a. Choice One: All to my spouse or domestic
partner, r egistered with the California Secretary o f
State, if my spouse o r domestic partner, registered
with the California Secretary of State, survives
me; otherwise to my descendants (my children
and the d escendants 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 ch ildren) 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 (Ins ert the name s of t wo
or more persons.):
6. Guardian of the Child’s Person. If, at my death, I have a child under age 18, whether the child is alive at the
time this will is executed or born after the date this will is executed, and the child does not have a living parent, 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 Pr ovision for P r op erty o f Per sons Under Age 2 5. (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 b ank 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 belo w 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 b o nd 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 i n
your 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
(date) (city)
Signature of Maker of Will
(Notice to Witnesses: T wo (2) adults must si gn a s witnesses. Each witness must read the follo wing clause before
signing. The witnesses should not receive assets under this Will.)
Each of us declares under penalty o f perjury under the laws of the State of California that the following is tr ue 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 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 o lder, is a competent witness, and resides at the address set forth after his or
her name.
Dated: ,
Signature of witness Signature of witness
Print name here:
Print name here:
Residence address:
Residence address:
AT LEAST TWO WITNESSES MUST SIGN
