WILL OF ____________[Name of Testator]
I declare this to be my Will and revoke all former wills and codicils. I am a resident of ____________[city],
California.
ARTICLE 1. PERSONAL INFORMATION
[Choose one of the following: EITHER]
A. Marital Status. I have never been married.[OR]
A. Marital Status. I am not married. I was formerly married to ____________[name of predeceased spouse],
who died on ____________[date].[OR]
A. Marital Status. I am not married. I was formerly married to ____________[name of former spouse], and we
were later divorced.[Choose one of the following: EITHER]
B. Children or Other Descendants. I have no living child or descendant.[OR]
B. Children or Other Descendants. I have one child; namely: ____________[name of child], born
____________[date].[OR]
B. Children or Other Descendants. I have ____________[number] children; namely: ____________[name],
born____________[date], and ____________[name], born____________[date].[Choose one of the following:
EITHER]
C. Funeral and Burial Instructions. I direct that my ____________[remains or cremains ] be
____________[specify, such as: buried or cremated ]. I have arranged with____________[name of funeral
director, cemetery authority, crematorium, or other person or entity] for the disposition of my
____________[remains or cremains ].[OR]
C. Funeral and Burial Instructions. I request no funeral or memorial service.[OR]
C. Funeral and Burial Instructions. I request that my ____________[funeral or memorial service ] be
____________[specify, such as: modest and in keeping with my standard of living ].
ARTICLE 2. DESIGNATION AND POWERS OF EXECUTORS
[Choose one of the following: EITHER]
A. Names of Executors.I designate ____________[name of individual] as executor of this Will, and if that
person fails or ceases to serve, I designate ____________[name of alternate] as my executor. Whenever the
word "executors" is used in this Will, it shall be deemed to refer to whoemver of them is acting from time to
time, and shall include any personal representative of my estate. No bond shall be required of any
executors.[OR]
A. Names of Executors.I designate ____________[name of qualifying bank or trust company] as executor of
this Will.
B. Power to Sell, Lease, and Encumber. I authorize my executors to sell, lease, mortgage, or encumber by deed
of trust, the whole or any part of my estate, at either public or private sale, with or without notice, subject only
to such confirmation or court authority as may be required by law.
C. Investment Powers and Discretion. I authorize my executors to invest and reinvest funds of my estate,
including surplus cash and the proceeds from the sale of any assets of my estate, in every kind of property,
specifically including, but not by way of limitation, corporate or governmental obligations of every kind, shares
of mutual funds and other regulated investment trusts, and preferred or common stocks. My executors shall
have absolute discretion as to how much cash, if any, to invest at interest.
D. Decision of Executors Final. All decisions of my executors made in good faith shall be binding and
conclusive on all persons interested in my estate, but shall be subject to confirmation or court authority as may
be required by law.
[Add the following Article 3, if appropriate]
ARTICLE 3. NOMINATION OF GUARDIANS
I request the persons designated as executors of my Will, in the order named in Article ____________[specify,
such as: 2 ], to act as guardians of the persons and estates of my minor children. No bond shall be required of
any guardians.
ARTICLE 4. GIFT OF TANGIBLE PERSONAL PROPERTY
A. Devisees of Gift. I give my interest in all household furniture, furnishings, and equipment, works of art,
jewelry, clothing, other personal effects, and personal automobiles to ____________[specify devisee or
devisees, such as: my children who survive me ], to be divided in such manner as these persons agree, or if they
do not agree, in such manner as my executors determine, and the decision of my executors shall be final, even if
one or more devisees are acting as executors.
B. Lapse of Gift. If none of the above persons survives me, the gifts shall lapse, and all tangible personal
property shall become part of the residue of my estate.
C. Shipping Expenses and Insurance. I direct that all expenses of storage (pending distribution), packaging,
shipment, insurance, delivery, and other necessary charges incurred in connection with the distribution of gifts
of personal property to the persons entitled to them shall be borne as a general expense of administration of my
estate. A gift of tangible personal property shall include any policy of fire or other casualty insurance held in
connection with that property. Except as otherwise specifically provided, my executors shall make the
distribution provided for in this Article within a reasonable time after my death. To the extent that I can do so, I
relieve my executors from any liability for failure to hold any of this tangible personal property in my executors'
possession.
ARTICLE 5. GIFT OF MONEY
I give ____________ Dollars ($____________) to ____________[name]. This gift shall lapse and become a
part of the residue of my estate if ____________[name] fails to survive me or declines to accept the gift. No
interest shall be paid on this gift, even if the gift is not distributed within one (1) year after my death.
ARTICLE 6. GIFT OF RESIDUE
I give the residue of my estate to ____________[specify devisees, such as: my descendants ].
ARTICLE 7. CONSTRUCTION AND DEFINITIONS
A. Survivorship Requirement. Except as otherwise specifically provided in this Will, if any beneficiary of this
Will, whether specifically named or a member of a class, fails to survive me for ____________[specify time
period, such as: 120 hours or 30 days ], that beneficiary shall be deemed to have predeceased me.
B. Adopted Persons Included. As used in this Will, the terms "children," "issue," and "descendants," and other
class gift terms, shall include persons adopted prior to attaining majority.
C. Distribution Among Class Beneficiaries. Where "issue," or "descendants" are to take, the property shall be
distributed ____________[specify manner of distribution, such as: in the manner provided in California Probate
Code section 240; namely, the property shall be divided into as many equal shares as there are living members
of the nearest generation of issue then living, and deceased members of that generation who leave issue then
living, each living member of the nearest generation of issue then living receiving one share and the share of
each deceased member of that generation who leaves issue then living being divided in the same manner among
his or her then living issue ].
D. Provision Against Contest. If any person who is or claims under or through a beneficiary of this Will,
including any codicil to or any trust created by this Will, in any manner whatsoever, directly or indirectly,
contests this Will or any of its provisions, I specifically disinherit such person, and any portion of my estate not
disposed of under the foregoing provisions of this Will shall go to my heirs-at-law according to the laws of
succession of California then in force and effect, excluding such person and all descendants of that person.
However, a petition, made in good faith and not opposed by my executors, seeking an interpretation of this Will
shall not be considered a contest of this Will.
Signed at ____________[city], California, on ____________[date].
__________________________________________________ [Signature of testator]
In our presence, on the date and at the place set forth above, all of us being present at the same time, the
testator, ____________[name of testator], signed the foregoing instrument consisting of
____________[number] pages, including the page we are signing. To the best of our knowledge, the testator
was at the time 18 years or older, of sound mind, and under no constraint or undue influence. We understand
this instrument to be the testator's Will, and we now subscribe our names as witnesses.
Each of us declares under penalty of perjury under the laws of the State of California that the foregoing
statements are true and correct and that this declaration is signed on the date and at the place set forth above.
_________________________________________________ [Signature of witness]
_____________________________________________
[Address of witness]
_________________________________________________ [Signature of witness]
_____________________________________________
[Address of witness]