Do I Need a Lawyer to Make a Will?
Not necessarily. Some states, such as California and Michigan, set out fill-in-the-blank statutory will forms in state law that the person making the will fills in, signs, and has witnessed; any will must meet the state's signing and witness rules to be valid. Those forms themselves recommend talking with a lawyer if you do not understand the form or it does not fit your wishes.
What the law says
- Example (Michigan): state law says a will must be in writing, signed by the testator (or by someone else in the testator's name, in the testator's conscious presence and at the testator's direction), and signed by at least two people who witnessed the signing or the testator's acknowledgment. Michigan Compiled Laws 700.2502 (execution of wills)
- Example (Michigan): a will that does not meet those witness rules can still be valid as a holographic will, whether or not witnessed, if it is dated and the signature and material portions are in the testator's handwriting. Michigan Compiled Laws 700.2502 (execution of wills)
- Example (Michigan): state law sets out a statutory will form. Its notice says an individual age 18 or older with sufficient mental capacity may make a will, and that if the form does not meet your wishes in any way, you should talk with a lawyer before choosing a Michigan statutory will. Michigan Compiled Laws 700.2519 (Michigan statutory will)
- Example (Michigan): the statutory will notice warns that adding or crossing out words (other than filling in blanks) may make all or part of the will invalid, that the will has no effect on jointly held assets, retirement plan benefits, or life insurance with a surviving named beneficiary, and that it is not designed to reduce estate taxes. It requires 2 adult witnesses and says 3 are preferable. Michigan Compiled Laws 700.2519 (Michigan statutory will)
- Example (California): the California Statutory Will (Probate Code section 6240) instructs the maker to read the whole will and, if something is unclear, ask a lawyer to explain it; to fill in the blanks without adding or crossing out words; and to date and sign it with two witnesses. California Statutory Will (Probate Code section 6240), form posted by the California Courts Self-Help Guide
- Example (California): the statutory will form says it must be signed in the presence of two adult witnesses who sign in the maker's presence and each other's; witnesses should not receive assets under the will; and notarization alone is not sufficient. California Statutory Will (Probate Code section 6240), form posted by the California Courts Self-Help Guide
- Example (California): the statutory will covers gifts of a residence, vehicles and personal effects, cash gifts, the balance of assets, and nominations of a guardian for minor children, a custodian of assets, and an executor. If the maker signs more than one box, or none, for the balance of assets, the form says the court will distribute those assets as if there were no will. California Statutory Will (Probate Code section 6240), form posted by the California Courts Self-Help Guide
- Example (California, LA Law Library): California law provides a fill-in-the-blanks will form designed for single, married, or divorced people with relatively small estates; the library also lists State Bar of California pamphlets including "Do I Need a Will?" LA Law Library (Los Angeles County), Self-Help FAQ: Probate
- Example (California, Sacramento County Public Law Library): the statutory will's language is set by Probate Code 6240 and cannot be changed; the library says it is your responsibility to decide whether the form suits your needs and that only lawyers can advise you on the correct forms for your particular situation. Sacramento County Public Law Library, Will (California Statutory Will Form)
FAQ
Is a handwritten will valid?
In some states. For example, Michigan law says a dated will with the signature and material portions in the testator's handwriting can be valid as a holographic will even without witnesses. Rules differ by state.
Does a will have to be notarized?
Not under the California statutory will form, which requires two adult witnesses and states that notarization alone is not sufficient.
Can I change the wording on a statutory will form?
Michigan's form warns that adding or crossing out words, other than filling in blanks, may make all or part of the will invalid; California's form says not to add or cross out any words.
Does a will control my life insurance or retirement accounts?
Michigan's statutory will notice says it has no effect on jointly held assets, retirement plan benefits, or life insurance if a named beneficiary survives you.
Who is the California statutory will meant for?
The LA Law Library describes it as designed for single, married, or divorced people with relatively small estates.
Where can I get free help?
Public law libraries are one resource. The Los Angeles and Sacramento county law libraries publish information on the California statutory will and list State Bar pamphlets.
Related
- How Much Does a Probate Lawyer Cost?
- How to Make a Will
- What Is a Durable Power of Attorney?
- What Is a Living Trust?
- What Is a Medical Power of Attorney?
- What Is a Power of Attorney?
- What Is a Quitclaim Deed?
- What Is an Executor?
- What Is Probate?
- Will vs. Trust: What's the Difference?
- Wills, Estates & Deeds by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.