California Statutory Will
Probate Code §6240
The official pre-printed will form. Covers a simple distribution to spouse and children, names a guardian for minor children, names an executor. Does not avoid probate.
Request the PDFResources · California Statutory Forms
The official forms. Read the warnings first.
California Probate Code authorizes three statutory forms: a will, a durable power of attorney, and an advance health care directive. They are valid documents, free to download here, and dangerous to rely on without a real plan around them. Read the warnings, then decide.
California Probate Code authorizes three statutory forms, free to use by any resident: the California Statutory Will (§6240), the Statutory Form Durable Power of Attorney (§4401), and the Statutory Form Advance Health Care Directive (§4701). The Law Offices of Robert P. Bergman provides each as a complimentary PDF download. The forms are valid documents but are limited tools. The Statutory Will, in particular, does not avoid probate. Read the warnings on this page before you rely on any of them.
The Downloads
Three official California forms, free to download.
Each PDF is the official statutory form as printed in the California Probate Code. Bob makes no representation that any of these forms is sufficient for anyone using them.
Statutory Will Statutory POA Durable Power of Attorney
Probate Code §4401
The official pre-printed durable POA form for finances. Widely accepted by banks and brokerages. Add §4264 express authorities to handle real property, gifts, or trust changes.
Request the PDFStatutory AHCD Advance Health Care Directive
Probate Code §4701
The official pre-printed AHCD form. Names a health care agent, records treatment preferences, and includes a HIPAA authorization. Widely accepted by California hospitals.
Request the PDF
Important · Read Before Using
What the statutory forms cannot do.
“The Law Offices of Robert P. Bergman and attorney Bob Bergman make no representation that any of these forms may be sufficient for anyone using them.”
- They do not avoid probate.A Statutory Will still goes through probate. For a California estate over $184,500 in non-trust assets, that is a court proceeding that can run 9 to 18 months and cost tens of thousands in statutory fees.
- They cannot create trust provisions.No bypass trust, no special needs sub-trust, no Prop 19 planning, no continuing trust for minor children, no Heggstad protection if assets were never funded.
- The POA is missing express authorities.Probate Code §4264 requires that authority to sell real property, make gifts, change beneficiary designations, or create/revoke trusts be expressly added. The statutory form does not include those by default.
- They do not coordinate with your other assets.Retirement accounts, life insurance, and joint accounts pass under beneficiary designations and title, not the will. The forms cannot fix a misaligned beneficiary designation.
- They were never designed for blended families.Stepchildren, second marriages, separate property, premarital agreements: the Statutory Will is built for the simple nuclear-family case. Anything else needs a designed plan.
Use the forms as a stopgap if you have to. Then schedule a free 30-minute Preliminary Planning Session with Bob to put the real plan in place.
Statutory Form vs Designed Plan
When is each one the right tool?
Bob recommends the statutory forms in two situations: as a stopgap before a real plan is in place, and for very simple estates with no California real property and no minor children.
Statutory form alone
Stopgap only- ProbateStatutory Will still requires full probate.
- CustomizationNo trusts, no Prop 19 planning, no special needs.
- CoordinationCannot fix beneficiary designations or titles.
- CostFree. The forms are downloadable PDFs.
Designed plan with Bob
Recommended- ProbateFunded living trust avoids the court entirely.
- CustomizationTrust language built around your family and assets.
- CoordinationBeneficiaries, titles, and the trust all line up.
- CostFixed fee, quoted in writing at the first meeting.
Forms FAQ
Common questions about California statutory forms.
Plain-language answers on what the forms cover, what they don’t, why the Statutory Will still requires probate, and how the statutory POA differs from a Bob-drafted one.
Don’t see your question?
Email or call the office, or bring it to your free Preliminary Planning Session.
Ask Bob directlyCalifornia statutory forms are pre-printed legal forms authorized by California Probate Code. They allow individuals to complete a will, a durable power of attorney, or an advance health care directive without hiring an attorney. The forms themselves are valid under California law when properly filled out, signed, and witnessed or notarized. The Probate Code sets out the exact language, so the form is the same regardless of where you download it.
No. The statutory forms are valid documents but they are very limited tools. A statutory will, for example, sends every asset through probate, names a guardian for minor children, and allows a few standard distributions, but cannot create trust provisions, avoid probate, plan around Prop 19, or coordinate with retirement-account beneficiary designations. For most California families with a home or assets over $184,500, the statutory will is not enough.
Yes, you can. California law specifically allows it. The risk is that the forms address only the basics. Common problems Bob sees from families that relied on statutory forms alone: assets that still required probate, families that ended up in a conservatorship anyway, and AHCDs without proper HIPAA authorizations. Use the forms as a stopgap if you must, but plan to do real work after.
Probably not. The California Statutory Will under Probate Code §6240 covers very simple cases: spouse and children, traditional distributions, no trust. It cannot avoid probate, cannot reduce estate taxes, cannot create a special needs sub-trust, and cannot handle blended families or stepchildren cleanly. For most San Jose, Campbell, Saratoga, and Los Altos families, the Statutory Will is not the right tool.
The California Statutory Form Durable Power of Attorney (Probate Code §4401) is more useful than the Statutory Will. It is widely accepted by banks, brokers, and the IRS. But it does not include express authority for many actions a real-world POA needs, such as selling real property, making gifts, changing beneficiary designations, or creating/revoking trusts. Probate Code §4264 requires that authority be expressly added. Bob includes the authorities your family actually needs.
The California Statutory Form Advance Health Care Directive (Probate Code §4701) is the closest to a "good enough" statutory form. It names a health care agent, records your treatment preferences, and is widely accepted by California hospitals. It does include HIPAA authorization. The limitations are around custom instructions (religious considerations, specific treatments, organ donation specifics) that the form does not have space for. Bob drafts custom AHCDs when the situation calls for it.
Read them. Look at what they ask you to fill in. Most people quickly see why a designed plan is worth it. The next step is a free 30-minute Preliminary Planning Session with Bob to talk through what your family actually needs. There is no charge and no obligation.
Next Step
Download the form. Then come build a real plan.
The statutory forms are a starting point, not a finish line. The next step is a free 30-minute Preliminary Planning Session with Bob to walk through your family’s situation and put the right framework in place.
Bob is one of less than 1% of California attorneys certified as a specialist by the State Bar.