How to Write a Will at No Charge
Determine whether your state offers a statutory will form., Consider whether a statutory will form is right for you., Download a will form online., Fill in the form., Date and sign the will in the presence of witnesses.
Step-by-Step Guide
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Step 1: Determine whether your state offers a statutory will form.
Some states offer statutory will forms, which are will templates created by the state legislature and written into state law.
Residents of the state can use the form at no charge.
The difference between a statutory will form and a regular will form is that the text of a statutory will form cannot be changed and, therefore, cannot be tailored to the individual needs of a particular person.
The form must be used exactly as written with the blanks filled in with the testator’s information.Statutory will forms are provided by only a handful of states.
These states, as of the time of writing, are California, Maine, Michigan, New Mexico, and Wisconsin.Check the relevant laws of your state to determine if your state offers a statutory will form, as the list of states that offer these forms may change in the future.
Do not use the statutory will form of a state in which you are not resident. -
Step 2: Consider whether a statutory will form is right for you.
If your state does offer statutory will forms, keep in mind the pros and cons of statutory will forms.
Statutory will forms may have advantages but they are not right for everyone.One benefit of a statutory will form is that the form is free and easy to find and use for any resident of the state.
Another benefit is that the language of the will created using a statutory will form is very difficult to challenge because the forms are familiar to the courts of the state and the language has been produced by the state legislature.
The forms are also simple to use and can be used without the aid of a lawyer or other costly wills program or book.One major disadvantage of using a statutory will form is that you cannot tailor the form to your particular situation, since statutory will forms are “one-size-fits-all documents.”Using a statutory will form may be a good idea if you need a will in an emergency and do not have time for a lawyer or for going out to buy a wills program or book (e.g. the night before going on a vacation).Using a statutory will form is a good idea if the state’s form accurately reflects the testator’s wishes.
Your wishes may be very simple (e.g. you want everything to go to your spouse), and, in that case, a statutory will form may fit your needs perfectly.
In more complex situations, however, you may wish to use a form that allows you to tailor the language to your particular needs., Statutory will forms, if offered by your state, are available online.
Download the form, fill in the blanks online (if the form is a fillable PDF) or print the form and fill in legibly in ink.
Currently, the states that offer statutory will forms are California, Maine, Michigan, New Mexico, and Wisconsin.
A statutory will form for California residents is available at http://www.calbar.ca.gov/portals/0/documents/publications/Will-Form.pdf.
Guidelines on how to write a statutory will in Michigan are available at http://www.legislature.mi.gov/(S(pi0arklnsbebckqkbevoth2l))/mileg.aspx?page=getobject&objectname=mcl-700-2519&query=on&highlight=statutory%20AND%20will.
Guidelines on how to write a statutory will in Maine are available at http://www.mainelegislature.org/legis/statutes/18-a/title18-Asec2-514.html.
A statutory will form for New Mexico residents is available at https://www.docracy.com/3249/new-mexico-form-of-statutory-will.
Guidelines on how to write a statutory will in Wisconsin are available at https://docs.legis.wisconsin.gov/statutes/statutes/853/II/55. , Do not make any changes to the existing language of the statutory will form.
Simply fill in the blanks according to the information requested in each blank.
Note that some information may be optional while other information is required.
The form will ask you a number of questions related to how you wish to distribute your property and cash and to whom., After you are finished filling out the form, date and sign the will in the presence of adult witnesses.
California requires that the will be signed in the presence of 2 adult witnesses (notarization is not sufficient by itself).
The witnesses must be read out a number of instructions and statements from the testator before they (the witnesses) sign the will.Check your state’s laws for rules pertaining to witnessing a will. -
Step 3: Download a will form online.
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Step 4: Fill in the form.
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Step 5: Date and sign the will in the presence of witnesses.
Detailed Guide
Some states offer statutory will forms, which are will templates created by the state legislature and written into state law.
Residents of the state can use the form at no charge.
The difference between a statutory will form and a regular will form is that the text of a statutory will form cannot be changed and, therefore, cannot be tailored to the individual needs of a particular person.
The form must be used exactly as written with the blanks filled in with the testator’s information.Statutory will forms are provided by only a handful of states.
These states, as of the time of writing, are California, Maine, Michigan, New Mexico, and Wisconsin.Check the relevant laws of your state to determine if your state offers a statutory will form, as the list of states that offer these forms may change in the future.
Do not use the statutory will form of a state in which you are not resident.
If your state does offer statutory will forms, keep in mind the pros and cons of statutory will forms.
Statutory will forms may have advantages but they are not right for everyone.One benefit of a statutory will form is that the form is free and easy to find and use for any resident of the state.
Another benefit is that the language of the will created using a statutory will form is very difficult to challenge because the forms are familiar to the courts of the state and the language has been produced by the state legislature.
The forms are also simple to use and can be used without the aid of a lawyer or other costly wills program or book.One major disadvantage of using a statutory will form is that you cannot tailor the form to your particular situation, since statutory will forms are “one-size-fits-all documents.”Using a statutory will form may be a good idea if you need a will in an emergency and do not have time for a lawyer or for going out to buy a wills program or book (e.g. the night before going on a vacation).Using a statutory will form is a good idea if the state’s form accurately reflects the testator’s wishes.
Your wishes may be very simple (e.g. you want everything to go to your spouse), and, in that case, a statutory will form may fit your needs perfectly.
In more complex situations, however, you may wish to use a form that allows you to tailor the language to your particular needs., Statutory will forms, if offered by your state, are available online.
Download the form, fill in the blanks online (if the form is a fillable PDF) or print the form and fill in legibly in ink.
Currently, the states that offer statutory will forms are California, Maine, Michigan, New Mexico, and Wisconsin.
A statutory will form for California residents is available at http://www.calbar.ca.gov/portals/0/documents/publications/Will-Form.pdf.
Guidelines on how to write a statutory will in Michigan are available at http://www.legislature.mi.gov/(S(pi0arklnsbebckqkbevoth2l))/mileg.aspx?page=getobject&objectname=mcl-700-2519&query=on&highlight=statutory%20AND%20will.
Guidelines on how to write a statutory will in Maine are available at http://www.mainelegislature.org/legis/statutes/18-a/title18-Asec2-514.html.
A statutory will form for New Mexico residents is available at https://www.docracy.com/3249/new-mexico-form-of-statutory-will.
Guidelines on how to write a statutory will in Wisconsin are available at https://docs.legis.wisconsin.gov/statutes/statutes/853/II/55. , Do not make any changes to the existing language of the statutory will form.
Simply fill in the blanks according to the information requested in each blank.
Note that some information may be optional while other information is required.
The form will ask you a number of questions related to how you wish to distribute your property and cash and to whom., After you are finished filling out the form, date and sign the will in the presence of adult witnesses.
California requires that the will be signed in the presence of 2 adult witnesses (notarization is not sufficient by itself).
The witnesses must be read out a number of instructions and statements from the testator before they (the witnesses) sign the will.Check your state’s laws for rules pertaining to witnessing a will.
About the Author
Carolyn Jordan
Creates helpful guides on crafts to inspire and educate readers.
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