LAST WILL AND TESTAMENT WITH MINOR CHILDREN

State of California

Table of Contents

1. Testator Identification and Declaration
2. Revocation of Prior Wills
3. Family Declarations
4. Guardianship Nomination for Minor Children
5. Specific Bequests
6. Residuary Estate
7. Trust Provisions for Minor Beneficiaries
8. Appointment of Personal Representative
9. Powers of Personal Representative
10. General Provisions
11. Execution and Attestation
12. Witness Affidavit for Proof of Will

1. TESTATOR IDENTIFICATION AND DECLARATION

I, [FULL LEGAL NAME OF TESTATOR], currently residing at [STREET ADDRESS], [CITY], [COUNTY] County, California [ZIP CODE], being at least eighteen (18) years of age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence, do hereby declare this to be my Last Will and Testament.

Date of Birth: [__/__/____]
Social Security Number (last four digits): XXX-XX-[____]

2. REVOCATION OF PRIOR WILLS

I hereby revoke all prior Wills and Codicils heretofore made by me, pursuant to Cal. Prob. Code § 6120.

3. FAMILY DECLARATIONS

Marital Status:
☐ I am married to [SPOUSE FULL LEGAL NAME]
☐ I am in a registered domestic partnership with [PARTNER NAME]
☐ I am unmarried / widowed / divorced

Minor Children: I declare the following to be my minor children (under 18 years of age):

4. GUARDIANSHIP NOMINATION FOR MINOR CHILDREN

Pursuant to Cal. Prob. Code § 1500 et seq., I hereby nominate the following individuals as guardians of the person of my minor children in the event I am the last surviving parent or if the other parent is unable or unwilling to serve:

Primary Guardian:
Name: [GUARDIAN FULL LEGAL NAME]
Address: [GUARDIAN ADDRESS]
Relationship: [RELATIONSHIP TO CHILDREN]
Telephone: [PHONE NUMBER]

Alternate Guardian:
Name: [ALTERNATE GUARDIAN FULL LEGAL NAME]
Address: [ALTERNATE GUARDIAN ADDRESS]
Relationship: [RELATIONSHIP TO CHILDREN]
Telephone: [PHONE NUMBER]

I direct that no bond or surety be required of any guardian nominated herein, to the extent permitted by law.

I express the following wishes regarding the care and upbringing of my minor children:
[________________________________]
[________________________________]

5. SPECIFIC BEQUESTS

I make the following specific bequests from my separate property and my one-half interest in community property:

Bequest 1:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].

Bequest 2:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].

Bequest 3:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].

6. RESIDUARY ESTATE

I give, devise, and bequeath all the rest, residue, and remainder of my estate (including my separate property and my one-half interest in community property), of whatever kind and wherever situated, as follows:

☐ Option A: Entirely to my spouse/domestic partner, [SPOUSE/PARTNER NAME], if they survive me. If they do not survive me, then in equal shares to my children, per stirpes.

☐ Option B: In equal shares to my children, [CHILD NAMES], per stirpes.

☐ Option C: As follows: [CUSTOM DISTRIBUTION]
[________________________________]

7. TRUST PROVISIONS FOR MINOR BENEFICIARIES

Any property passing to a beneficiary who is under the age of [21/18/other] at the time of my death shall be held in trust as follows:

Option A — Custodianship Under the California UTMA:
☐ I direct that any such property be transferred to [CUSTODIAN NAME] as custodian for such minor under the California Uniform Transfers to Minors Act (Cal. Prob. Code § 3900 et seq.). The custodianship shall terminate when the minor reaches age twenty-one (21).

Option B — Testamentary Trust:
☐ I direct that such property be held in a separate trust for each minor beneficiary, subject to the following terms:

• Trustee: [TRUSTEE NAME], of [CITY, STATE]
• Alternate Trustee: [ALTERNATE TRUSTEE NAME], of [CITY, STATE]
• The Trustee may distribute income and principal for the beneficiary's health, education, maintenance, and support
• The trust shall terminate when the beneficiary reaches age [____], at which time remaining assets shall be distributed outright
• The Trustee shall serve without bond, if permitted by law

8. APPOINTMENT OF PERSONAL REPRESENTATIVE

I appoint [EXECUTOR FULL LEGAL NAME], of [CITY, STATE], as Personal Representative (Executor) of this Will.

If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [ALTERNATE EXECUTOR FULL LEGAL NAME], of [CITY, STATE], as alternate Personal Representative.

I request that my Personal Representative be granted authority to administer the estate under the Independent Administration of Estates Act (Cal. Prob. Code § 10400 et seq.) with full authority.

I direct that my Personal Representative shall serve without bond or surety, to the extent permitted by California law.

9. POWERS OF PERSONAL REPRESENTATIVE

My Personal Representative shall have the following powers in addition to those granted by California law and the Independent Administration of Estates Act:

• To sell, lease, mortgage, or otherwise dispose of any real or personal property
• To invest and reinvest estate assets
• To borrow money and encumber estate property
• To settle claims and disputes
• To distribute property in kind or in cash
• To employ attorneys, accountants, and other professionals
• To continue any business interest I may own
• To make elections for tax purposes as deemed advisable
• To make distributions to guardians or custodians for minor beneficiaries

10. GENERAL PROVISIONS

Survivorship Requirement: A beneficiary must survive me by one hundred twenty (120) hours to be entitled to receive any distribution under this Will, consistent with Cal. Prob. Code § 6211.

Simultaneous Death: If my spouse and I die simultaneously, or under circumstances making it difficult to determine who died first, my spouse shall be deemed to have predeceased me for purposes of this Will.

No-Contest Clause: Any no-contest clause is enforceable only to the extent permitted by Cal. Prob. Code § 21311. If any beneficiary brings a contest without probable cause, that beneficiary's share shall be reduced to One Dollar ($1.00).

Severability: If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.

11. EXECUTION AND ATTESTATION

IN WITNESS WHEREOF, I have hereunto set my hand to this, my Last Will and Testament, this [____] day of [__________], [____], at [CITY], California.

___________________________________________
[FULL LEGAL NAME OF TESTATOR], Testator
ATTESTATION CLAUSE

On the date written above, [TESTATOR NAME] declared to us that this instrument was the Testator's Will and requested that we act as witnesses to it. The Testator signed this Will in our presence, all of us being present at the same time. We now, at the Testator's request, in the Testator's presence and in the presence of each other, subscribe our names as witnesses.

Each of us declares under penalty of perjury that the Testator signed this Will in our joint presence and appeared to be of sound mind and not acting under duress, fraud, or undue influence.

___________________________________________
Witness 1 Signature
Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

___________________________________________
Witness 2 Signature
Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

12. WITNESS AFFIDAVIT FOR PROOF OF WILL

(For use in proving execution under Cal. Prob. Code §§ 8220-8226)

STATE OF CALIFORNIA
COUNTY OF [________________]

I, [WITNESS NAME], declare under penalty of perjury under the laws of the State of California:

1. On [DATE], I was present when [TESTATOR NAME] signed the foregoing instrument.
2. [TESTATOR NAME] declared to me that the instrument was the Testator's Last Will and Testament.
3. I signed the instrument as a witness in the presence of the Testator and the other subscribing witness.
4. At the time of execution, the Testator appeared to be of sound mind and not acting under duress, fraud, or undue influence.

___________________________________________
Witness Signature
Name: [________________________________]
Date: [__/__/____]

CALIFORNIA-SPECIFIC NOTES:
- California is a community property state — the testator may only dispose of their separate property and one-half interest in community property
- California does not have a traditional elective share statute; spousal protections arise through community property law and omitted spouse provisions (Cal. Prob. Code § 21610)
- California recognizes holographic wills if the signature and material provisions are in the testator's handwriting (Cal. Prob. Code § 6111)
- California UTMA custodianship default termination is age 18, but may be extended to 21 by the transferor (Cal. Prob. Code § 3920.5)
- The Independent Administration of Estates Act (Cal. Prob. Code § 10400 et seq.) can significantly simplify estate administration
- California enforces no-contest clauses only in limited circumstances (Cal. Prob. Code § 21311)
- A 120-hour survivorship requirement may apply (Cal. Prob. Code § 6211)

This template is provided by ezel.ai for informational purposes only and does not constitute legal advice. Consult a licensed California attorney before execution.