Californians need to know three things about wills:

• It doesn’t avoid probate, it only overrides intestate succession and other intestate rules in probate (curious what a probate costs? Check out the California Probate Calculator);

• You don’t need a lawyer or a self-help company to help draft a will. Though it’s not as simple as stating your intentions without any formality, a will can be validly drafted by ordinary people by following some basic directions;

• Lastly, the point of this article — the state of California actually has a Statutory Will and is only one of a few states that do in the country; the other states that have one are Maine, Michigan, New Mexico, and Wisconsin. A statutory will means that the legislature wrote into law a text of a simple template will in a format that the state would recognize as valid if executed properly. Though statutory wills are not proposed as a model will, it provides guardrails for people to get wills done simply and quickly. By following the instructions, Californians can create a will for themselves for free and without the assistance of an attorney, but with all things that can have major legal consequences, it’s a good idea to seek out legal advice if there is something unclear in the California Statutory Will.

There is a California Statutory Will generator online that allows users to create a statutory will quickly.

The California Statutory Will appears in California Probate Code 6240, and can be downloaded from the California State Bar website. Though it’s a simple document with fill in the box/fill in the line formatting, it’s able to accomplish what any “ordinary” will does: devise a gift of a house and personal property, nomination of guardians for minor children, nomination of personal representatives, and determine whether a bond is required to act as executor. As a warning, for a sizable portion of people, a will (statutory or not) will not be sufficient for their needs if they wish to avoid probate or have a desire to control their money beyond their death. This is especially the case for those with minor or special needs children, and a trust may be a better solution.

For people with assets values that do not trigger a formal probate, the California Statutory Will can be a good document to use for giving away their property. Like any other valid will, the California Statutory Will must be executed properly for it to be recognized in probate. Governed by California Probate Code 6110, the will generally must be witnessed by two adults and signed by the testator. The witness requirement of a California will CANNOT be satisfied by using a notary public to acknowledge the signature.

Those who wish to use the California Statutory Will to give away their assets or nominate guardians must carefully read and understand the first two sections of the preamble of the document: Questions and Answers About This California Statutory Will, and Instructions prior to starting the document. Once the will has been executed with two witnesses, the original signed document should be stored in a safe place and those nominated to handle affairs should know about this executed California Statutory Will. Because probate requires the original signed will, it’s important that copies are labeled as copies, and the original remains easily accessible to someone nominated to assist when the time comes.

Estate planning is not a one time event. Life circumstances change, and that plans must be revisited every so often. A California Statutory Will may be sufficient for someone one year may not be the next.