Statutory Will: What Does it Mean?

Have you ever felt daunted by the thought of drafting a will? The world of estate planning brims with options such as handwriting a will, typing one up, having an attorney — like those specializing in securities law, for example — prepare one, or even choosing a statutory will. Imagining your goals and wishes as checkboxes may seem impersonal, yet that's the beauty of statutory wills.

These are not your bulky, wordy legal documents but rather straightforward, fill-in-the-blank forms, much like the range of easy-to-use family and personal templates you can find online. Precisely engineered, these forms simplify the entire process. These no-nonsense forms, standardized to align with a state's laws, have revolutionized estate planning, making it an accessible necessity for all. So, let's dive into the transformative world of statutory wills, and you can find more resources on this and other legal topics at Lawrina.

A statutory will is a simple generalized form created by a state legislature and written into state law. The testator fills in the blanks in these forms, giving them a simple and cost-effective way to write a legally binding document guaranteed to be accepted by a probate court. These statutory wills need to be complete with the same formalities as regular wills, including signing and dating them in front of witnesses. Once made, it is as legally binding as a regular will.

It is important to note that not all states have statutory will legislation; they are only available in California, Maine, Michigan, New Mexico, and Wisconsin. Moreover, there is no universal approach to its structure. As such, states’ statutory wills are distinct from one another and vary on a state-by-state basis.

Put simply, statutory wills detail who receives all assets following a person’s death. As such, their main components consist of the different types of assets, leaving blank spaces for the testator to choose which family members or others will act as beneficiaries and receive their property, money, personal items, and other assets. However, as they lack a universal structure, the components vary slightly from state to state. Here is a look at the components of three statutory will forms for some of the states:

These documents also have sections detailing who the testator wishes to serve as a guardian and conservator for a child under 18. The subtle differences in category division and layout mean the flexibility of the wills varies from state to state.

Statutory wills offer a straightforward and time-efficient solution for those in a hurry or without access to reliable legal assistance. The beauty of these wills lies in their simplicity, and they are often chosen by individuals who either don't have the time to craft a detailed will or cannot afford professional legal advice for partitioning their assets.

While statutory wills are crucial, they might not accommodate more intricate situations or specific demands. In such cases, drafting a regular will can be a better option, giving you more control and flexibility over the distribution of your property.

Though crafting a detailed last will and testament might sound daunting, modern times have provided us with templates that simplify this process as well. For example, you can use the last will and testament template to guide your writing. This easy-to-use solution helps you ensure that no crucial details are missed and that your will meets legal standards.

While statutory wills follow the state’s will requirements, non-statutory wills do not precisely follow these guidelines. However, jurisdictions may still accept non-statutory wills assuming the legal document does not directly conflict with the state statute. It is best to speak with a lawyer to make a more complex will. This will ensure the document does not contradict state laws and is valid in probate court.

For anyone wishing to make a statutory will, you can easily do so by obtaining a copy of your state’s statutory will form from the State Bar Association or the legislature website. Simply download the form from the website and print it out. You can then complete the form, choosing which people you wish to be beneficiaries. No parts of the form can be crossed out or altered to add additional information; this could invalidate the document.

Once happy with your allocation of assets, you need to sign the form along with two adult witnesses. These witnesses must attest that the testator is of sound mind. Without this, the document is not legally binding. However, the will is not legally effective until death, and it’s possible to add amendments to this existing will until this point.

To create a statutory will, you need to be older than 18 and have sufficient mental capacity, also known as testamentary capacity, to make informed decisions and understand their impact. The person needs to understand the consequences of signing a will, the details of the property and estate they own, and the details of their spouse, children, other close relatives, and friends. You can also only use the statutory will form of the state if you are a resident there. 

For example, only people living in California can use the California Statutory Will form. If there is no standardized form in your state, do not use one from another state. Because each is based on statutory legislation within each jurisdiction, the document is not legally binding if used in a U.S. state other than where it was intended.

Statutory wills are free to use, giving state residents access to affordable will writing with peace of mind that the legal document is valid. However, although the forms themselves come at no cost and are self-explanatory, many people choose to meet with an estate planning lawyer to go through the details. However, if you choose to do so, you must pay for the legal work completed.

There are both advantages and disadvantages of statutory wills, and so may suit some people or situations more than others. In terms of the benefits, the main advantage is that these wills are much simpler than regular ones and less expensive. 

As such, there is a lesser chance of violating state requirements than there would be when writing your own will, which could make it invalid. Additionally, as a fill-in-the-blank form, these wills are much easier to work with and can be completed without a lawyer’s help. They’re also more easily obtainable and, so, are convenient. Therefore, statutory wills are great for people who:

However, the simplicity of a statutory will is also its main downfall. Because it is a standardized will, it may not cover all the testator’s needs and could leave gaps in covering the estate. Moreover, statutory wills are not allowed in all U.S. states, so there is a chance they are unacceptable in your jurisdiction. If this will is made and the state does not accept this type of will, it can lead to legal issues further down the line. Therefore, if any of the following factors apply, a statutory will may not be the best option:

Although not available in all U.S. states — only California, Maine, Michigan, New Mexico, and Wisconsin — statutory will provides an easy and affordable way to draft a will quickly. It also gives the testator peace of mind that the will is a valid legal document that will stand in probate court. However, they are standardized forms and may not fit all situations. In these cases, it is best to contact an estate planning attorney to draft a personal will suited to these individual needs.