Sample California last will and testament

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This sample last will and testament for California can be modified for many situations. It is based on wills prepared by the author, a freelance paralegal who has worked in California and Federal litigation since 1995.

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Sample California last will and testament

  1. 1. 1 LAST WILL AND TESTAMENT OF ________________________ I, __________________________, now residing in the County of __________________, State of California, and being of sound mind and memory and not acting under fraud, menace, duress or the undue influence of any person whomsoever, do hereby make, publish and declare this to be my Last Will and Testament, and hereby expressly revoke any and all former wills and codicils to wills heretofore made by me. FIRST: I declare that I am married to ________________________, and all references in this will to my wife are to her. I further declare that any references in this will to my children shall include any child of mine born from this day forward, or legally adopted. At the present time I have three children, _______________________________, _________________________, and _______________________. SECOND: I direct my executor, hereinafter named, to pay all my just debts, expenses of administration, and my last illness and funeral costs as soon after my death as is convenient. THIRD: I nominate _________________________ as executor, to serve without bond. If ___________________________ shall for any reason fail to qualify or cease to act as executor, I nominate _______________________ as executor, also to serve without bond. I direct that my executor take all actions legally permissible to have the probate of my estate done as simply as possible, including filing a petition in the appropriate court for the independent administration of my estate under the California Independent Administration of Estates Act. Initials___________ 1
  2. 2. Prior to distribution, the said personal representative shall have in addition to those powers conferred by law, those powers reasonably required, including the power to sell at either public or private sale, to mortgage, pledge, lease, exchange or otherwise dispose of the whole, or any part, of the real or personal property of my estate, with or without first securing an order of Court, but subject to any confirmation by the Court that may be required by law. My Executor shall pay from the residue of my estate all inheritance, estate and other death taxes (excluding any additional tax that may be assessed under Internal Revenue Code Section 2032(a), including interest and penalties, that may, because of my death, be attributable to any assets properly inventoried in my probate estate. The taxes shall be charged against my estate as though they were ordinary expenses of administration without adjustment among the beneficiaries of my Will. FOURTH: I hereby give, or devise and bequeath all of my property and estate, both real and personal, and wheresoever or howsoever situated, or to which I may be entitled at the time of my death, as follows: To my wife, _________________________ if my wife does not survive me by 120 hours then I give all my property to my children, to be divided into equal shares. If any of my children do not survive me by 120 hours their share shall be divided equally among my surviving children... If none of my children do not survive me by 120 hours then I give all my property to ________________________. If ________________________ does not survive me by 120 hours then I give all my property to _________________________. If ______________________ does not survive me by 120 hours then I give all my property to ___________________________________________________________. Initials___________ 2
  3. 3. FIFTH: If my wife and I should die simultaneously, or under such circumstances as to render it difficult or impossible to determine by clear and convincing evidence who predeceased the other, I shall be conclusively presumed to have survived my wife for purposes of this will. SIXTH: Except as otherwise provided in this Will, I have intentionally and with full knowledge omitted to provide for heirs. If any beneficiary under this Will in any manner, directly or indirectly, contests this Will or any of its provisions, any share of interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue. IN WITNESS WHEREOF, I subscribe my name to this will this ______________ day of ________________, 20__ at ______________________________________________________, and do hereby declare that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or under influence. _____________________________________________________ NAME OF PERSON SIGNING WILL 3
  4. 4. On this ______________day of _________________,20__ ______________________ declared to us, the undersigned, that this instrument consisting of 3 pages was his will and requested us to act as witnesses to it. He thereupon signed this will in our presence, all of us being present at the same time. We now, at his request, in his presence, and in the presence of each other, subscribe our names as witnesses and declare we understand this to be his will, and that to the best of our knowledge the testator is of the age of majority, or is otherwise legally empowered to make a will, and is not acting under duress, menace, fraud or misrepresentation and is under no constraint or undue influence We declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed at _______________________________________________________, on this _________ day of ___________________, 20__. ____________________________________ residing at ________________________________ _____________________________________________________________________________. ____________________________________ residing at ________________________________ _____________________________________. To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail 4
  5. 5. address. To view many more sample legal documents created by me, visit this website: http://www.legaldocspro.com/downloads.aspx Be sure to remove these notices before using this document. 5
  6. 6. address. To view many more sample legal documents created by me, visit this website: http://www.legaldocspro.com/downloads.aspx Be sure to remove these notices before using this document. 5

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