Personal Property Memorandum

PERSONAL PROPERTY MEMORANDUM

State of California

IMPORTANT: CALIFORNIA VALUE LIMITATIONS

Under Cal. Prob. Code § 6132:
- Total value of all tangible personal property in this memorandum: $25,000 maximum
- Per-item value limit: $5,000 maximum per item
- Items exceeding $5,000 in value are NOT subject to this section and must be
disposed of through the will's remainder clause or specific bequests

Table of Contents

1. Declarant Identification
2. Reference to Last Will and Testament
3. Statutory Authority
4. Distribution of Tangible Personal Property
5. Value Certification
6. Special Instructions
7. General Provisions
8. Instructions for Future Changes
9. Execution
10. Sources and References

1. DECLARANT IDENTIFICATION

I, [FULL LEGAL NAME], currently residing at [STREET ADDRESS], [CITY], [COUNTY] County, California [ZIP CODE], being of sound mind and acting voluntarily, do hereby prepare this Personal Property Memorandum as authorized by Cal. Prob. Code § 6132.

Date of Birth: [__/__/____]

2. REFERENCE TO LAST WILL AND TESTAMENT

This Memorandum is prepared in connection with my Last Will and Testament dated [__/__/____], which contains a provision referring to this writing for the disposition of tangible personal property pursuant to Cal. Prob. Code § 6132. My will includes the following or substantially similar language:

"I may leave a writing that directs disposition of tangible personal property not otherwise specifically disposed of by this Will, pursuant to California Probate Code Section 6132. Any such writing shall be given effect to the extent permitted by law."

3. STATUTORY AUTHORITY

This Memorandum is authorized by Cal. Prob. Code § 6132, which provides:

A will may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will, other than money that is common coin or currency and property used primarily in a trade or business.

California-Specific Requirements:

• ☐ The writing must be signed by the testator or in the testator's handwriting
• ☐ The writing must be dated
• ☐ Items and recipients must be described with reasonable certainty
• ☐ Total value shall not exceed $25,000
• ☐ No single item shall exceed $5,000 in value
• ☐ The writing may be prepared before or after execution of the will

Definition of Tangible Personal Property (Cal. Prob. Code § 6132(c)):
Articles of personal or household use or ornament, including but not limited to furniture, furnishings, automobiles, boats, jewelry, and precious metals in any tangible form (such as bullion or coins), as well as articles held for investment purposes.

Property NOT covered by this Memorandum:

• ☐ Money that is common coin or currency
• ☐ Property used primarily in a trade or business
• ☐ Real property
• ☐ Securities, bank accounts, or intangible property
• ☐ Items exceeding $5,000 in value (must be in the will)

4. DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY

I direct that the following items of tangible personal property be distributed to the persons named below. If a named recipient does not survive me, the item shall pass to the alternate recipient, if any, or otherwise as part of my residuary estate.

Jewelry and Watches

Art, Antiques, and Collectibles

Furniture and Household Items

Vehicles and Watercraft

Electronics and Equipment

Firearms

Collections (Books, Coins, Stamps, Memorabilia, etc.)

Family Heirlooms and Sentimental Items

Additional Items

5. VALUE CERTIFICATION

I certify that, to the best of my knowledge and belief:

• ☐ No single item listed in this Memorandum exceeds $5,000 in value
• ☐ The total value of all items listed in this Memorandum does not exceed $25,000

Total estimated value of all items listed: $[____________]

6. SPECIAL INSTRUCTIONS

[________________________________]
[________________________________]
[________________________________]

7. GENERAL PROVISIONS

Property Not Listed: Any tangible personal property not listed in this Memorandum shall be distributed according to the terms of my Last Will and Testament.

Survival Requirement: Unless otherwise stated above, a recipient must survive me to receive the designated property.

Community Property Notice: California is a community property state. This Memorandum applies only to my separate property and my one-half interest in community property. Consult an attorney regarding the proper characterization of items listed herein.

Value Limitation: Any item whose value exceeds $5,000 at the time of my death is not subject to this Memorandum and shall be disposed of pursuant to the remainder clause of my will.

Disputes: If any dispute arises regarding the distribution of property listed herein, my Personal Representative (Executor) shall have the authority to resolve such disputes, and such decision shall be final and binding.

8. INSTRUCTIONS FOR FUTURE CHANGES

Under Cal. Prob. Code § 6132, the testator may make subsequent handwritten or signed changes to any writing. To make changes:

• ☐ You may prepare an entirely new memorandum (recommended)
• ☐ You may make handwritten changes, signed and dated
• ☐ If there is an inconsistent disposition between writings, the most recent writing controls
• ☐ Keep this memorandum with your will or in a known, accessible location

9. EXECUTION

I sign this Personal Property Memorandum on the date indicated below.

Declarant:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Witnesses (not required by statute; recommended):

Witness 1:

Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Witness 2:

Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

10. SOURCES AND REFERENCES

• Cal. Prob. Code § 6132 — Separate writing directing disposition of tangible personal property
• Cal. Prob. Code § 6130 — Incorporation by reference
• Cal. Prob. Code § 6100 — Who may make a will
• Cal. Penal Code §§ 27545, 27850-27966 — Firearms transfer requirements
• California Courts: https://www.courts.ca.gov

This template is provided for informational and educational purposes only. It does not constitute legal advice. California imposes specific value limitations ($25,000 total / $5,000 per item) on personal property memoranda. Consult a licensed California attorney before executing this document. Last updated: 2026-04-01.