Generally, there are three types of wills in the state of California: Witnessed Wills, Holographic Wills and Statutory Wills. Many people have heard of the first two types of wills, but you may not be aware of the third option to draft a statutory will. The California Statutory Will is a form that is provided within California law. This is found in California Probate Code section 6240. In order to use a California statutory will you must have capacity meaning you are sound mind and over the age of 18. Additionally you must execute the will in the presence of a witness.
A California statutory will may be a good option for people who have very modest estates and do not own any real property. However, if you have a complex estate you should consult with a California estate litigation attorney to determine the most appropriate way to distribute your property and reduce your estate tax.
