Section 6240 6240. The following is the California Statutory Will form

State of California

PROBATE CODE

Section 6240

6240. The following is the California Statutory Will form:

QUESTIONSANDANSWERSABOUT THIS CALIFORNIA STATUTORY WILL

The following information, in question and answer form, is not a part of the

California Statutory Will. It is designed to help you understand about Wills and to

decide if this Will meets your needs. This Will is in a simple 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 avoid 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 or in a domestic partnership and you or your spouse earned money during

your marriage or domestic partnership 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 away 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.

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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 out any words on 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 spouse 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 understand 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 custodian? 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 domestic 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.

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NOTICE OF INCOMPLETE TEXT: The California Statutory

Will appears in the hard-copy publication of the chaptered bill.

See Sec. 88, Chapter 50 (pp. 77–82), Statutes of 2016.

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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:

(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.):

_______________________________________

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.)