Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter.
California Statutory WillGeneral Provisions
Section § 6220
If you're 18 or older and of sound mind, you can make a formal, standard will in California under the rules of this chapter.
statutory will sound mind requirement age requirement
Section § 6221
In California, a statutory will must be properly filled out and signed by the person making the will (the testator). Additionally, each witness must watch the testator sign the will, and then each witness must sign the will while in the testator’s presence.
A California statutory will shall be executed only as follows:
(a)CA Probate Code § 6221(a) The testator shall complete the appropriate blanks and shall sign the will.
(b)CA Probate Code § 6221(b) Each witness shall observe the testator’s signing and each witness shall sign his or her name in the presence of the testator.
statutory will will execution testator signing
Section § 6222
If two or more witnesses sign the attestation clause included in a California statutory will, it meets the requirements of Section 8220. This means that having these witnesses makes the will valid under the law.
The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220.
attestation clause witnesses California statutory will
Section § 6223
This section states that there is only one official California statutory will. This will includes specific components: a form (as in Section 6240 minus introductory Q&A), definitions and rules from the beginning of California's probate law, property disposition clauses chosen by the person making the will, and mandatory clauses listed in Section 6241. If no property disposition is chosen, a default rule applies. Additionally, any statutory will forms used before 1992 follow the old rules.
(a)CA Probate Code § 6223(a) There is only one California statutory will.
(b)CA Probate Code § 6223(b) The California statutory will includes all of the following:
(1)CA Probate Code § 6223(b)(1) The contents of the California statutory will form set out in Section 6240, excluding the questions and answers at the beginning of the California statutory will.
(2)CA Probate Code § 6223(b)(2) By reference, the full texts of each of the following:
(A)CA Probate Code § 6223(b)(2)(A) The definitions and rules of construction set forth in Article 1 (commencing with Section 6200).
(B)CA Probate Code § 6223(b)(2)(B) The property disposition clauses adopted by the testator. If no property disposition clause is adopted, Section 6224 shall apply.
(C)CA Probate Code § 6223(b)(2)(C) The mandatory clauses set forth in Section 6241.
(c)CA Probate Code § 6223(c) Notwithstanding this section, any California statutory will or California statutory will with trust executed on a form allowed under prior law shall be governed by the law that applied prior to January 1, 1992.
California statutory will will form property disposition clause
Section § 6224
If someone uses a California statutory will and chooses more than one option for giving away their property from both sections 2 and 3 of the will form, then no gift is given from those choices. Similarly, if more than one option is chosen in section 5, or none at all, the remainder of their estate, referred to as the residuary estate, will be distributed to their heirs as if they hadn't created a will.
If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made. If more than one property disposition clause in paragraph 5 of a California statutory will form is selected, or if none is selected, the residuary estate of a testator who signs a California statutory will shall be distributed to the testator’s heirs as if the testator did not make a will.
California statutory will property disposition clause residuary estate
Section § 6225
This section explains that when figuring out what property disposition clauses and mandatory clauses mean, only the actual text of those clauses is important. You should not consider the titles of the clauses when interpreting them.
Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded.
property disposition clauses mandatory clauses interpretation
Section § 6226
This law outlines how a California statutory will can be changed or canceled. You can revoke or change the will with a document called a codicil, just like any other will. If you make changes directly on the will form without following instructions, those changes only count if there's clear evidence they reflect your wishes. If not, the court can ignore these changes or even invalidate parts of the will. Despite other rules, a statutory will is valid if it's proven you signed it, understood it, and wanted it to guide the distribution of your assets after death.
(a)CA Probate Code § 6226(a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills.
(b)CA Probate Code § 6226(b) Any 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. In the absence of such a showing, 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.
(c)CA Probate Code § 6226(c) Notwithstanding Section 6110, a document executed on a California statutory will form is valid as a will if all of the following requirements are shown to be satisfied by clear and convincing evidence:
(1)CA Probate Code § 6226(c)(1) The form is signed by the testator.
(2)CA Probate Code § 6226(c)(2) The court is satisfied that the testator knew and approved of the contents of the will and intended it to have testamentary effect.
(3)CA Probate Code § 6226(c)(3) The testamentary intent of the maker as reflected in the document is clear.
California statutory will revocation codicil
Section § 6227
If you make a will in California and later get divorced or end a registered domestic partnership, any gifts you left to your ex and roles like executor or trustee that you appointed to them in the will are automatically canceled. However, these are reinstated if you remarry your ex or re-enter a partnership with them.
For wills impacted by divorce or annulment, your assets will be distributed as if your ex had died before you, and any roles they had in your will are treated the same way. Legal separations don't count as a divorce or annulment for this rule.
This rule applies to all statutory wills made in California, except where the divorce or annulment was finalized before January 1, 1985. In such older cases, the previous law applies.
(a)CA Probate Code § 6227(a) If after executing a California statutory will the testator’s marriage is dissolved or annulled, or the testator’s registered domestic partnership is terminated, the dissolution, annulment, or termination revokes any disposition of property made by the will to the former spouse and any nomination of the former spouse as executor, trustee, guardian, or custodian made by the will. If any disposition or nomination is revoked solely by this section, it is revived by the testator’s remarriage to, or entry into a subsequent registered domestic partnership with, the former spouse.
(b)CA Probate Code § 6227(b) In case of revocation by dissolution or annulment:
(1)CA Probate Code § 6227(b)(1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.
(2)CA Probate Code § 6227(b)(2) Provisions nominating the former spouse as executor, trustee, guardian, or custodian shall be interpreted as if the former spouse failed to survive the testator.
(c)CA Probate Code § 6227(c) For purposes of this section, dissolution or annulment means any dissolution or annulment that would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of spouses is not a dissolution or annulment for purposes of this section.
(d)CA Probate Code § 6227(d) This section applies to any California statutory will, without regard to the time when the will was executed, but this section does not apply to any case where the final judgment of
dissolution or annulment of marriage occurs before January 1, 1985; and, if the final judgment of dissolution or annulment of marriage occurs before January 1, 1985, the case is governed by the law that applied prior to January 1, 1985.
California statutory will dissolution of marriage annulment
