Last Will And Testament
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LAST WILL AND TESTAMENT: Short form of a will for a single person with no children Will of _________ I, _________[name of testator], _________[if known by other names, add: also known as _________ and _________,] domiciled and residing at _________[address], _________ County, _________[state], declare this to be my last will and testament, and revoke all other wills and codicils. I. 1.I am single and have never been married. 2.I have no children, living or dead. 3.My family consists of the following persons: _________[describe]. II. Reference in this will to the term “_________” shall mean _________. III. I direct that my funeral expenses (including the cost of a suitable grave marker), the costs of administering my estate, and all legal debts allowable as claims against my estate be paid out of the general funds of my estate before any distribution of such funds to any of the beneficiaries mentioned below. IV. I direct that all taxes imposed by reason of my death on property passing under or outside this will be paid out of my residuary estate. V. I give and bequeath my personal effects, _________[describe], to the following persons: _________. VI. My residuary estate is all my property remaining after the dispositions specified in Paragraph V of this will, whenever obtained, including property not otherwise effectively disposed of in this will, and property as to which I have a power to appoint. I give, devise, and bequeath my residuary estate to: _________.
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VII. I appoint _________ as my executor, without bond, of this will. My executor shall have the following powers, in addition to those granted by law: _________. I subscribe my name to this will on _________[date], at _________[address], _________ County, _________[state], in the presence of _________, _________, and _________, attesting witnesses, who subscribe their names to this will on _________[date] at my request and in my presence.
[Signature] ATTESTATION CLAUSE On the date last above written _________[testator's name], known to us to be the person whose signature appears at the end of this will, declared to us, the undersigned, that the foregoing instrument, consisting of _________ pages, including the page on which we have signed as witnesses, was _________[his or her] will. _________[He or She] then signed the will in our presence and, at _________[his or her] request, in _________[his or her] presence and in the presence of each other, we now sign our names as witnesses. residing at [Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state]
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LAST WILL AND TESTAMENT: A married person's will, leaving the residue of the estate to the surviving spouse and providing for guardianship of minor children Will of _________ I, _________[name of testator], _________[if appropriate, add: also known as _________ and _________, or formerly known as _________ (maiden name)], of _________ County, _________[state], declare this to be my last will and testament. I. I revoke all previous wills and codicils. II. I am married and my _________[husband's or wife's] name is _________. All references in this will to my _________[husband's or wife's] name are to _________[him or her]. III. If no children: I have no children, living or dead. If children: 4.I have _________[number] living children, the issue of my marriage to _________[name], as follows: Name
Date of Birth
Present Address
5.I have _________[number] living children, the issue of my previous marriage to _________[name], as follows: Name
Date of Birth
Present Address
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6.I have one deceased child named _________, who died on _________[date], and who leaves surviving the following _________[number]children: Name
Date of Birth
Present Address
7.References in this will to my _________[child or children] include any of my children that may hereafter be born or adopted. IV. I direct that my funeral be conducted _________[according to the rites of the _________ Church] by _________ at _________[address], _________ County, _________[state]. 8.I direct that my body be buried in _________[my lot or my family plot] in the _________ Cemetery at _________, [address], _________ County, _________[state]. 9.I direct that the total cost of my funeral, burial, and gravestone is not to exceed _________ Dollars ($_____). V. It is my intention by this will to dispose of my individually owned property and my devisable interest in any other property.
or It is my intention by this will to dispose of my separate property and my one-half interest in the community property of myself and my _________[husband or wife], _________[name].
or It is my intention by this will to dispose of my separate property, my quasi-community property, if any, and my one-half interest in the community property of myself and my _________[husband or wife], _________[name].
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or It is my intention by this will to dispose of all my property.
or It is my intention by this will to dispose of all my property, real, personal, and mixed, including any and all property of whatever nature acquired after the execution of this will, wherever situated. VI. _________[If testator does not intend by the will to exercise any power of appointment testator may have, state: I do not intend hereby to exercise any power of appointment which I may have]. VII. Except as otherwise provided in this will, I intentionally make no other provision for _________[any or name specific children] children of mine now living or any children hereafter born to or adopted by me or any other issue of mine. VIII. I give to my _________[husband or wife], _________[name], any interest I may have in _________[my or our] home, located at _________[address], _________ County, _________[state], or any other home which we may be occupying as our principal residence at my death, subject to any _________[trust deed or mortgage] or other encumbrance and all unpaid real property taxes and special assessments which are a lien at the date of my death. 10._________[If my _________ (husband or wife), _________, does not survive me for _________ days, this gift shall lapse and become part of the residue of my estate or make gift over]. IX. I give to my _________[husband or wife], _________[name], if _________[he or she] survives me _________[if desired, add: for _________ days], any interest I may have in all household furniture, furnishings and fixtures, jewelry, china, silverware, books, pictures, clothing, and all other items of domestic, household or personal use or adornment, and all automobiles which at the time of my death shall be in, about, or used in connection with my home. 11.If my _________[husband or wife] does not so survive me, I give the property described in Paragraph 1 of this Division IX to my children who survive me _________[if desired, add: for _________ days], in equal shares.
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12.If none of my children survives me, this gift shall lapse and the property shall become part of the residue of my estate. X. I give to my son, _________[name], who resides at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____). XI. I give to my daughter, _________[name], who resides at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____), and the following described property: _________[describe]. XII. I give to my grandson, _________[name], who resides at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____), and the following described property: _________[describe]. XIII. I give to _________[name of charitable institution], located at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____), but in no event shall this gift exceed _________ per cent (_____%) of my distributable estate. 13.If the sum given should exceed such percentage, I direct that this gift be reduced to a sum which will equal such percentage. XIV. If any one or more of the legatees mentioned in Divisions X, XI, and XII does not survive me _________[if desired, add: for _________ days], then I give the indicated sum of money and property to his or her lawful descendants living at my death, by right of representation, and, if he or she leaves no lawful descendants living at my death, then his or her gift shall lapse and the gift to him or her shall become part of the residue of my estate. XV. All the residue of my estate _________[if appropriate, add: except my _________ (husband's or wife's) share of our community property, and property over which I may have a power of appointment] I give to my _________[husband or wife], _________[name], if _________[he or she] survives me _________[if desired, add: for _________ days]. 14.If my _________[husband or wife] does not so survive me, I give the residue of my estate _________[gift over, such as: to my son, _________ (name), who resides at
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_________ (address), _________ County, _________ (state), and my daughter, _________ (name), who resides at _________ (address), _________ County, _________ (state), in equal shares, if they survive me _________ (if desired, add: for _________ days)]. 15.If either of my children does not so survive me, then I give his or her share of the residue to his or her lawful descendants living at my death, per stirpes; if either of my children does not so survive me and dies leaving no lawful descendants living at my death, then I give his or her share of the residue to the survivor of my children. 16.If neither my _________[husband or wife], my children, nor any lawful descendants survive me _________[if desired, add: for _________ days], I give the residue of my estate to my heirs as determined by the laws of _________[state] relating to descent and distribution. XVI. I nominate and appoint _________[name], _________ of [address], _________ County, _________[state], the executor of this will, to serve _________[without or with] bond. 17.If _________[name of executor] does not survive me, or if _________[name of executor] does not qualify as such executor, I appoint _________[name of bank or trust company], located at _________[address], _________ [County], _________[state], as the executor of this will. XVII. My executor may, at _________[his or her or its] sole discretion, retain any securities, real property, or other investments, and continue to hold, manage, and operate any property, business, or enterprise that I may own in whole or in part at the time of my death, with or without order of court, the profits or losses therefrom, if any, to inure to and be chargeable against my estate and not my executor. XVIII. I direct my executor to pay all my just debts, the expenses of my last illness, if any, and funeral and burial expenses as soon as it is legally possible to do so. XIX. All estate, inheritance, succession, or other death taxes, duties, charges or assessments, imposed on or in relation to any property by reason of my death, whether passing under this will or otherwise, shall be paid by my executor out of the residue of my estate, without proration of any charge therefor against any person who receives such property under the terms of this will or otherwise.
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XX. I appoint _________[name], _________ of [address], _________ County, _________[state], as the guardian of the person of any child of mine who at the time of my death is a minor, the guardian to serve _________[with or without] bond. XXI. I appoint _________, attorney and counselor at law, of _________[address], _________ County, _________[state], as the attorney for my executor. I sign my name to this will on _________[date], at _________[address], _________ County, _________[state], in the presence of _________, _________, and _________, attesting witnesses, who subscribe their names hereto at my request and in my presence.
[Signature] ATTESTATION CLAUSE On the date last above written, _________[testator's name], known to us to be the person whose signature appears at the end of this will, declared to us, the undersigned, that the foregoing instrument, consisting of _________ pages, including the page on which we have signed as witnesses, was _________[his or her] will. _________[He or She] then signed the will in our presence, and at _________[his or her] request, in _________[his or her] presence and in the presence of each other, we now sign our names as witnesses. residing at [Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state]
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Page 1 of 8
VII. I appoint _________ as my executor, without bond, of this will. My executor shall have the following powers, in addition to those granted by law: _________. I subscribe my name to this will on _________[date], at _________[address], _________ County, _________[state], in the presence of _________, _________, and _________, attesting witnesses, who subscribe their names to this will on _________[date] at my request and in my presence.
[Signature] ATTESTATION CLAUSE On the date last above written _________[testator's name], known to us to be the person whose signature appears at the end of this will, declared to us, the undersigned, that the foregoing instrument, consisting of _________ pages, including the page on which we have signed as witnesses, was _________[his or her] will. _________[He or She] then signed the will in our presence and, at _________[his or her] request, in _________[his or her] presence and in the presence of each other, we now sign our names as witnesses. residing at [Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state]
Page 2 of 8
LAST WILL AND TESTAMENT: A married person's will, leaving the residue of the estate to the surviving spouse and providing for guardianship of minor children Will of _________ I, _________[name of testator], _________[if appropriate, add: also known as _________ and _________, or formerly known as _________ (maiden name)], of _________ County, _________[state], declare this to be my last will and testament. I. I revoke all previous wills and codicils. II. I am married and my _________[husband's or wife's] name is _________. All references in this will to my _________[husband's or wife's] name are to _________[him or her]. III. If no children: I have no children, living or dead. If children: 4.I have _________[number] living children, the issue of my marriage to _________[name], as follows: Name
Date of Birth
Present Address
5.I have _________[number] living children, the issue of my previous marriage to _________[name], as follows: Name
Date of Birth
Present Address
Page 3 of 8
6.I have one deceased child named _________, who died on _________[date], and who leaves surviving the following _________[number]children: Name
Date of Birth
Present Address
7.References in this will to my _________[child or children] include any of my children that may hereafter be born or adopted. IV. I direct that my funeral be conducted _________[according to the rites of the _________ Church] by _________ at _________[address], _________ County, _________[state]. 8.I direct that my body be buried in _________[my lot or my family plot] in the _________ Cemetery at _________, [address], _________ County, _________[state]. 9.I direct that the total cost of my funeral, burial, and gravestone is not to exceed _________ Dollars ($_____). V. It is my intention by this will to dispose of my individually owned property and my devisable interest in any other property.
or It is my intention by this will to dispose of my separate property and my one-half interest in the community property of myself and my _________[husband or wife], _________[name].
or It is my intention by this will to dispose of my separate property, my quasi-community property, if any, and my one-half interest in the community property of myself and my _________[husband or wife], _________[name].
Page 4 of 8
or It is my intention by this will to dispose of all my property.
or It is my intention by this will to dispose of all my property, real, personal, and mixed, including any and all property of whatever nature acquired after the execution of this will, wherever situated. VI. _________[If testator does not intend by the will to exercise any power of appointment testator may have, state: I do not intend hereby to exercise any power of appointment which I may have]. VII. Except as otherwise provided in this will, I intentionally make no other provision for _________[any or name specific children] children of mine now living or any children hereafter born to or adopted by me or any other issue of mine. VIII. I give to my _________[husband or wife], _________[name], any interest I may have in _________[my or our] home, located at _________[address], _________ County, _________[state], or any other home which we may be occupying as our principal residence at my death, subject to any _________[trust deed or mortgage] or other encumbrance and all unpaid real property taxes and special assessments which are a lien at the date of my death. 10._________[If my _________ (husband or wife), _________, does not survive me for _________ days, this gift shall lapse and become part of the residue of my estate or make gift over]. IX. I give to my _________[husband or wife], _________[name], if _________[he or she] survives me _________[if desired, add: for _________ days], any interest I may have in all household furniture, furnishings and fixtures, jewelry, china, silverware, books, pictures, clothing, and all other items of domestic, household or personal use or adornment, and all automobiles which at the time of my death shall be in, about, or used in connection with my home. 11.If my _________[husband or wife] does not so survive me, I give the property described in Paragraph 1 of this Division IX to my children who survive me _________[if desired, add: for _________ days], in equal shares.
Page 5 of 8
12.If none of my children survives me, this gift shall lapse and the property shall become part of the residue of my estate. X. I give to my son, _________[name], who resides at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____). XI. I give to my daughter, _________[name], who resides at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____), and the following described property: _________[describe]. XII. I give to my grandson, _________[name], who resides at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____), and the following described property: _________[describe]. XIII. I give to _________[name of charitable institution], located at _________[address], _________ County, _________[state], the sum of _________ Dollars ($_____), but in no event shall this gift exceed _________ per cent (_____%) of my distributable estate. 13.If the sum given should exceed such percentage, I direct that this gift be reduced to a sum which will equal such percentage. XIV. If any one or more of the legatees mentioned in Divisions X, XI, and XII does not survive me _________[if desired, add: for _________ days], then I give the indicated sum of money and property to his or her lawful descendants living at my death, by right of representation, and, if he or she leaves no lawful descendants living at my death, then his or her gift shall lapse and the gift to him or her shall become part of the residue of my estate. XV. All the residue of my estate _________[if appropriate, add: except my _________ (husband's or wife's) share of our community property, and property over which I may have a power of appointment] I give to my _________[husband or wife], _________[name], if _________[he or she] survives me _________[if desired, add: for _________ days]. 14.If my _________[husband or wife] does not so survive me, I give the residue of my estate _________[gift over, such as: to my son, _________ (name), who resides at
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_________ (address), _________ County, _________ (state), and my daughter, _________ (name), who resides at _________ (address), _________ County, _________ (state), in equal shares, if they survive me _________ (if desired, add: for _________ days)]. 15.If either of my children does not so survive me, then I give his or her share of the residue to his or her lawful descendants living at my death, per stirpes; if either of my children does not so survive me and dies leaving no lawful descendants living at my death, then I give his or her share of the residue to the survivor of my children. 16.If neither my _________[husband or wife], my children, nor any lawful descendants survive me _________[if desired, add: for _________ days], I give the residue of my estate to my heirs as determined by the laws of _________[state] relating to descent and distribution. XVI. I nominate and appoint _________[name], _________ of [address], _________ County, _________[state], the executor of this will, to serve _________[without or with] bond. 17.If _________[name of executor] does not survive me, or if _________[name of executor] does not qualify as such executor, I appoint _________[name of bank or trust company], located at _________[address], _________ [County], _________[state], as the executor of this will. XVII. My executor may, at _________[his or her or its] sole discretion, retain any securities, real property, or other investments, and continue to hold, manage, and operate any property, business, or enterprise that I may own in whole or in part at the time of my death, with or without order of court, the profits or losses therefrom, if any, to inure to and be chargeable against my estate and not my executor. XVIII. I direct my executor to pay all my just debts, the expenses of my last illness, if any, and funeral and burial expenses as soon as it is legally possible to do so. XIX. All estate, inheritance, succession, or other death taxes, duties, charges or assessments, imposed on or in relation to any property by reason of my death, whether passing under this will or otherwise, shall be paid by my executor out of the residue of my estate, without proration of any charge therefor against any person who receives such property under the terms of this will or otherwise.
Page 7 of 8
XX. I appoint _________[name], _________ of [address], _________ County, _________[state], as the guardian of the person of any child of mine who at the time of my death is a minor, the guardian to serve _________[with or without] bond. XXI. I appoint _________, attorney and counselor at law, of _________[address], _________ County, _________[state], as the attorney for my executor. I sign my name to this will on _________[date], at _________[address], _________ County, _________[state], in the presence of _________, _________, and _________, attesting witnesses, who subscribe their names hereto at my request and in my presence.
[Signature] ATTESTATION CLAUSE On the date last above written, _________[testator's name], known to us to be the person whose signature appears at the end of this will, declared to us, the undersigned, that the foregoing instrument, consisting of _________ pages, including the page on which we have signed as witnesses, was _________[his or her] will. _________[He or She] then signed the will in our presence, and at _________[his or her] request, in _________[his or her] presence and in the presence of each other, we now sign our names as witnesses. residing at [Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state] residing at
[Signature]
[Street, city, state]
Page 8 of 8
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