California Simple Will

LAST WILL AND TESTAMENT

of

[________________________________]

(California Simple Will — Cal. Prob. Code §§ 6100-6113)

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TABLE OF CONTENTS

1. Introductory Declarations
2. Revocation of Prior Wills and Codicils
3. Family Declarations
4. Guardian Nominations for Minor Children
5. Specific Gifts
6. Personal Property Memorandum
7. Pour-Over Will Provisions (Optional)
8. Residuary Estate
9. Disinheritance / Intentional Omission Provisions (Optional)
10. Appointment of Personal Representative (Executor)
11. Administrative Powers
12. Digital Assets (RUFADAA)
13. No-Contest (In Terrorem) Clause
14. Tax Provisions
15. Simultaneous Death and Survivorship
16. Proposition 19 Advisory — Real Property Transfers
17. Miscellaneous Provisions
18. Execution and Attestation (§ 6110)
19. Self-Proving Attestation Clause (§ 8220)

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ARTICLE 1. INTRODUCTORY DECLARATIONS

I, [________________________________] ("Testator"), presently residing at [________________________________], City of [________________________________], County of [________________________________], State of California, declare that:

(a) I am at least eighteen (18) years of age;

(b) I am of sound and disposing mind and memory;

(c) I am under no duress, menace, fraud, or undue influence of any person;

(d) I make this Last Will and Testament ("Will") voluntarily and with full knowledge of its contents; and

(e) I intend this instrument to constitute my Last Will and Testament, governing the disposition of my property at death.

This Will is executed on [__/__/____].

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ARTICLE 2. REVOCATION OF PRIOR WILLS AND CODICILS

I hereby revoke all prior wills and codicils heretofore made by me. This instrument, together with any valid Personal Property Memorandum referenced in Article 6, constitutes my entire testamentary plan.

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ARTICLE 3. FAMILY DECLARATIONS

3.1 Marital Status

☐ I am married to [________________________________] ("Spouse"). We were married on [__/__/____] in [________________________________] (city/state/country).

☐ I am not currently married. (Select if single, divorced, or widowed.)

☐ I am a registered domestic partner with [________________________________] under California law.

3.2 Children

I have the following living children:

#	Full Legal Name	Date of Birth	Relationship
1	[________________________________]	[__/__/____]	☐ Biological ☐ Adopted
2	[________________________________]	[__/__/____]	☐ Biological ☐ Adopted
3	[________________________________]	[__/__/____]	☐ Biological ☐ Adopted
4	[________________________________]	[__/__/____]	☐ Biological ☐ Adopted

☐ I have no living children.

3.3 Deceased Children

☐ The following children of mine are deceased: [________________________________].

3.4 After-Born and After-Adopted Children

Any child born to or adopted by me after the execution of this Will shall be treated as a beneficiary under this Will to the same extent as my children identified in Section 3.2, unless I execute a codicil or new Will providing otherwise. I am aware that under Cal. Prob. Code § 21622, a child born after the execution of all testamentary instruments who was unknown to the Testator may be entitled to a share of the estate as if the Testator had died intestate.

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ARTICLE 4. GUARDIAN NOMINATIONS FOR MINOR CHILDREN

4.1 Guardian of the Person

If at my death any of my children are under the age of eighteen (18) and the other natural or adoptive parent is not then living or is unable or unwilling to serve as guardian, I nominate the following persons as guardian of the person of my minor children, in the order listed:

Primary Guardian of the Person:
Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

Alternate Guardian of the Person:
Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

4.2 Guardian of the Estate

I nominate the following persons as guardian of the estate of my minor children, in the order listed:

Primary Guardian of the Estate:
Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

Alternate Guardian of the Estate:
Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

4.3 Bond Waiver

☐ I request that no bond be required of any guardian nominated above, whether acting as guardian of the person, guardian of the estate, or both, to the extent permitted by law.

☐ I request that a bond be required of the guardian of the estate in the amount the court deems appropriate.

4.4 Court Discretion

I acknowledge that all guardian nominations are recommendations to the court. The court retains full discretion to appoint a guardian it determines to be in the best interests of the child, regardless of my nominations herein.

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ARTICLE 5. SPECIFIC GIFTS

5.1 Cash Gifts (Pecuniary Bequests)

#	Beneficiary Name	Beneficiary Address	Amount	Contingent Beneficiary
1	[________________________________]	[________________________________]	$[________]	[________________________________]
2	[________________________________]	[________________________________]	$[________]	[________________________________]
3	[________________________________]	[________________________________]	$[________]	[________________________________]

5.2 Specific Property Gifts

#	Description of Property	Beneficiary Name	Beneficiary Address	Contingent Beneficiary
1	[________________________________]	[________________________________]	[________________________________]	[________________________________]
2	[________________________________]	[________________________________]	[________________________________]	[________________________________]
3	[________________________________]	[________________________________]	[________________________________]	[________________________________]

5.3 Lapse and Ademption

(a) If any beneficiary named in this Article 5 predeceases me or fails to survive me by the survivorship period set forth in Article 15, and no contingent beneficiary is designated above (or any designated contingent beneficiary also fails to survive me), that gift shall lapse and become part of the Residuary Estate.

(b) If any specifically described property is not part of my estate at my death, the gift of that property is extinguished (adeemed), and the intended beneficiary shall have no claim against my estate for the value of that property.

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ARTICLE 6. PERSONAL PROPERTY MEMORANDUM

6.1 Incorporation by Reference

Pursuant to Cal. Prob. Code § 6132, I may leave a separate dated and signed writing that directs the disposition of items of tangible personal property not otherwise specifically disposed of by this Will. Any such writing, whether prepared before or after the date of this Will, is incorporated herein by reference and shall be given effect as though set forth in this Will, subject to the limitations stated below.

6.2 Requirements for Validity

To be effective, any such memorandum must:

(a) Be referred to by this Will (which reference is hereby made);

(b) Be dated and either entirely in my handwriting or signed by me;

(c) Describe the items and recipients with reasonable certainty; and

(d) Comply with the value limitations set forth below.

6.3 Value Limitations

Under Cal. Prob. Code § 6132:

(a) The total value of all tangible personal property disposed of in the memorandum shall not exceed twenty-five thousand dollars ($25,000).

(b) No single item described in the memorandum shall exceed five thousand dollars ($5,000) in value. Any item exceeding $5,000 in value shall not be controlled by the memorandum and shall instead pass under the residuary clause of this Will.

6.4 Scope Restrictions

The memorandum may dispose of tangible personal property only, including articles of personal or household use or ornament (furniture, furnishings, jewelry, precious metals, artwork, collectibles, etc.). The memorandum may not dispose of:

• Cash, money, coin, or currency (other than collectible coins);
• Real property;
• Property used primarily in a trade or business;
• Securities, bank accounts, or other intangible property; or
• Motor vehicles, boats, or other titled vehicles, unless they qualify as tangible personal property under § 6132.

6.5 Priority

If any provision of the Personal Property Memorandum conflicts with a specific gift made in Article 5 of this Will, the provisions of this Will shall take precedence and control.

6.6 Amendments

I may amend, revoke, or replace the Personal Property Memorandum at any time without executing a codicil to this Will. The most recently dated memorandum shall control the disposition of any item addressed therein.

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ARTICLE 7. POUR-OVER WILL PROVISIONS (OPTIONAL)

☐ This Article applies. I have established a revocable living trust and wish to direct the distribution described below.

☐ This Article does not apply. (Delete this Article entirely if no trust exists.)

7.1 Identification of Trust

I am the settlor (or co-settlor) of that certain revocable living trust known as:

Trust Name: [________________________________]

Date of Execution: [__/__/____]

Trustee(s): [________________________________]

Any Amendments Dated: [________________________________]

(collectively, the "Trust").

7.2 Pour-Over Direction

I give, devise, and bequeath my entire Residuary Estate (as defined in Article 8), or such portion thereof as is not otherwise effectively disposed of under Articles 5 and 6 of this Will, to the then-acting Trustee of the Trust, to be added to, administered, and distributed as part of the Trust estate in accordance with the terms of the Trust as it exists at my death, including any amendments made before my death.

7.3 Effect on Residuary Estate

If this Article 7 applies, the Residuary Estate provisions of Article 8 shall apply only to the extent that the Trust fails or is invalid at the time of my death. If the Trust is revoked, invalid, or otherwise ineffective in whole or in part, then the Residuary Estate (or the portion not effectively poured over) shall be distributed as provided in Article 8.

7.4 Administration

Assets passing to the Trust under this Article shall be subject to probate administration and the claims of creditors before being distributed to the Trustee, unless otherwise permitted by law.

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ARTICLE 8. RESIDUARY ESTATE

8.1 Definition

The "Residuary Estate" consists of all property, real and personal, tangible and intangible, wherever situated, that I own at my death or to which my estate becomes entitled, after (a) payment of all debts, expenses, and taxes as provided in Article 14, (b) distribution of all specific gifts under Article 5, (c) distribution of all items under any valid Personal Property Memorandum, and (d) if applicable, after any pour-over distribution under Article 7.

8.2 Primary Distribution

Option A — Distribution to Named Beneficiaries by Percentage:

I give, devise, and bequeath my Residuary Estate to the following beneficiaries in the percentages indicated:

#	Beneficiary Name	Relationship	Percentage
1	[________________________________]	[________________]	[____]%
2	[________________________________]	[________________]	[____]%
3	[________________________________]	[________________]	[____]%
Total			100%

Each share shall be distributed per stirpes, meaning that if any named beneficiary predeceases me (and survives the survivorship period), that beneficiary's share shall pass to that beneficiary's then-living descendants, by right of representation, in equal shares per generation.

Option B — Distribution to Spouse, then Descendants:

I give, devise, and bequeath my entire Residuary Estate to my Spouse, [________________________________], if my Spouse survives me by the survivorship period stated in Article 15. If my Spouse does not survive me, I give my Residuary Estate in equal shares to my then-living children, per stirpes.

8.3 Contingent Beneficiaries

If the primary distribution under Section 8.2 fails in whole or in part (because all named primary beneficiaries and their descendants predecease me), I give, devise, and bequeath the Residuary Estate (or the failed portion) to:

First Contingent: [________________________________], relationship: [________________]

Second Contingent: [________________________________], relationship: [________________]

8.4 Ultimate Contingent Distribution

If all beneficiaries named in Sections 8.2 and 8.3, and all of their descendants, predecease me, I direct that my Residuary Estate be distributed as follows:

☐ Option A — Charity: To [________________________________] (a qualified tax-exempt charitable organization under IRC § 501(c)(3)), located at [________________________________], Tax ID: [________________________________].

☐ Option B — Heirs at Law: To my heirs at law as determined under the California intestate succession statutes (Cal. Prob. Code §§ 6400 et seq.) in effect at the date of my death.

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ARTICLE 9. DISINHERITANCE / INTENTIONAL OMISSION PROVISIONS (OPTIONAL)

☐ This Article applies. I wish to intentionally exclude one or more persons as set forth below.

☐ This Article does not apply. (Delete this Article if no disinheritance is intended.)

9.1 Intentional Omission of Specific Persons

I have intentionally and with full knowledge made no provision in this Will for the following person(s):

#	Full Legal Name	Relationship	Reason for Omission
1	[________________________________]	[________________]	☐ Stated below ☐ Not stated
2	[________________________________]	[________________]	☐ Stated below ☐ Not stated

9.2 Statement of Intent

The omission of the person(s) named in Section 9.1 from this Will is intentional and not the result of accident, inadvertence, or lack of knowledge of their existence. I have considered these individuals and have deliberately chosen not to provide for them under this Will. Each such person shall receive nothing from my estate under this Will.

9.3 Omission of Unknown Heirs

Except as specifically provided in this Will, I have intentionally omitted to provide for any of my heirs who are not expressly named in this Will. If any person not named in this Will shall claim or prove to be an heir of mine, I have intentionally and not accidentally omitted to provide for such person, and it is my intention that such person shall receive nothing from my estate.

9.4 Community Property Limitation

Nothing in this Article shall be construed to deprive any person of rights to community property, quasi-community property, or other property rights that are not subject to testamentary disposition under California law.

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ARTICLE 10. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

10.1 Nomination

Pursuant to Cal. Prob. Code §§ 8400 et seq., I nominate the following persons to serve as Personal Representative (Executor) of my estate, in the order listed:

Primary Personal Representative:
Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

First Alternate Personal Representative:
Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

Second Alternate Personal Representative:
Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

10.2 Independent Administration of Estates Act (IAEA)

I authorize and direct my Personal Representative to administer my estate under the Independent Administration of Estates Act (Cal. Prob. Code §§ 10400 et seq.) with:

☐ Full authority under the IAEA, including the power to sell, exchange, or grant options on real and personal property without court supervision.

☐ Limited authority under the IAEA (excluding authority over real property transactions without court approval).

10.3 Bond Waiver

☐ I request that no bond or other security be required of any Personal Representative named herein, to the fullest extent permitted by law.

☐ I request that a bond be posted in the amount the court deems appropriate.

10.4 Powers of Personal Representative

In addition to all powers granted under the IAEA and California Probate Code, my Personal Representative shall have the following powers, to be exercised in the Personal Representative's reasonable discretion without court order or approval, to the fullest extent permitted by law:

(a) Real Property. To retain, sell, lease, exchange, mortgage, encumber, repair, improve, or demolish any real property, and to execute and deliver deeds, leases, or other instruments.

(b) Personal Property. To retain, sell, exchange, or otherwise dispose of any tangible or intangible personal property.

(c) Investments. To invest and reinvest estate assets in any property or investment the Personal Representative deems prudent, without limitation to investments authorized for fiduciaries under California law.

(d) Borrowing. To borrow money for estate purposes and to encumber estate property as security.

(e) Claims. To compromise, settle, or release claims in favor of or against the estate.

(f) Business Interests. To continue, participate in, or dispose of any business interest.

(g) Distributions. To make distributions in cash or in kind, or partly in each, and to allocate assets among beneficiaries at fair market value as of the date of distribution.

(h) Employment of Professionals. To employ attorneys, accountants, investment advisors, appraisers, and other professionals and to pay reasonable compensation from estate assets.

(i) Tax Elections. To make all tax elections and allocations the Personal Representative deems appropriate.

10.5 Compensation

☐ My Personal Representative shall be entitled to reasonable compensation as provided under Cal. Prob. Code §§ 10800-10805 (statutory compensation based on estate value).

☐ My Personal Representative shall serve without compensation.

☐ My Personal Representative shall receive compensation of $[________] or [____]% of the gross estate, whichever is ☐ greater / ☐ lesser.

10.6 Co-Personal Representatives

If two or more persons serve as Personal Representative simultaneously, they shall act by majority decision. Any one co-representative may act alone in an emergency or for routine administrative matters, provided that the other co-representative(s) are notified promptly.

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ARTICLE 11. DIGITAL ASSETS (RUFADAA)

11.1 Authority

Pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act ("RUFADAA"), Cal. Prob. Code §§ 870-884, I grant my Personal Representative full authority, to the extent permitted by law, to access, manage, control, continue, transfer, and dispose of my digital assets and electronic communications.

11.2 Scope of Digital Assets

For purposes of this Article, "digital assets" includes, without limitation:

(a) Email accounts and content;

(b) Social media accounts (e.g., Facebook, Instagram, LinkedIn, X/Twitter);

(c) Cloud storage (e.g., Google Drive, Dropbox, iCloud);

(d) Digital photographs, videos, and documents;

(e) Cryptocurrency and blockchain-based assets, including private keys and wallet credentials;

(f) Domain names and websites;

(g) Online financial accounts and payment platforms;

(h) Digital media libraries (e.g., music, books, movies);

(i) Loyalty program accounts and airline miles; and

(j) Any other electronically stored information or accounts.

11.3 Disclosure of Content

I authorize each custodian of my digital assets to disclose to my Personal Representative both the content of electronic communications and any catalogue of electronic communications (metadata) associated with my accounts.

11.4 Priority of User Directions

I acknowledge that if I have provided separate directions through an online tool offered by a custodian (e.g., Google Inactive Account Manager, Facebook Legacy Contact), those directions may override the provisions of this Will with respect to the specific digital asset or account. I ☐ have / ☐ have not provided such online tool directions as of the date of this Will.

11.5 Digital Asset Inventory

I ☐ have / ☐ have not prepared a separate confidential inventory of my digital assets, including account credentials, which is stored at: [________________________________].

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ARTICLE 12. NO-CONTEST (IN TERROREM) CLAUSE

12.1 No-Contest Provision

If any beneficiary under this Will, individually or in concert with any other person, files a "direct contest" (as defined in Cal. Prob. Code § 21310(b)) that is brought without probable cause, any share or interest in my estate to which that person would otherwise be entitled shall be completely revoked and forfeited. Such person shall be treated for all purposes of this Will as having predeceased me without surviving descendants.

12.2 Definition of Contest

For purposes of this clause, a "direct contest" means a contest that alleges the invalidity of this Will or one or more of its terms, based on any of the following grounds: forgery, lack of due execution, lack of capacity, menace, duress, fraud, undue influence, revocation, or disqualification of a beneficiary under Cal. Prob. Code § 21380.

12.3 Probable Cause Standard

Pursuant to Cal. Prob. Code § 21311, this no-contest clause shall be enforced only against a direct contest brought without probable cause. "Probable cause" exists if, at the time of filing the contest, the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery.

12.4 Scope Limitation

This no-contest clause does not apply to:

(a) A pleading filed to determine the construction or legal validity of this Will that is not a "direct contest" as defined in Cal. Prob. Code § 21310(b);

(b) A creditor's claim or action; or

(c) An action brought by the Attorney General or other government entity.

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ARTICLE 13. TAX PROVISIONS

13.1 Payment of Taxes

All estate, inheritance, generation-skipping transfer, and similar taxes ("Death Taxes") assessed against my estate or against any property passing under this Will shall be paid from my Residuary Estate as an expense of administration, unless otherwise provided below or required by applicable law.

13.2 Tax Apportionment

☐ Option A — No Apportionment (Burden on Residuary Estate): All Death Taxes, including taxes attributable to non-probate property (life insurance, retirement accounts, joint tenancy property, trust assets), shall be paid from the Residuary Estate without apportionment or right of reimbursement.

☐ Option B — Statutory Apportionment: Death Taxes shall be apportioned among the persons interested in my estate in the manner provided by Cal. Prob. Code §§ 20110-20125 (equitable apportionment), so that each person bears a proportionate share of taxes attributable to the property received.

☐ Option C — Custom Apportionment: Death Taxes shall be apportioned as follows: [________________________________].

13.3 Tax Elections

My Personal Representative is authorized to make any and all tax elections, including but not limited to elections regarding valuation date (date of death vs. alternate valuation), deductions, QTIP elections, and allocation of the generation-skipping transfer tax exemption, as my Personal Representative deems advisable in the Personal Representative's sole discretion, without liability to any beneficiary for the tax consequences of any such election.

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ARTICLE 14. PAYMENT OF DEBTS AND EXPENSES

14.1 Debts and Expenses

My Personal Representative shall pay from the Residuary Estate all of my legally enforceable debts, my funeral and burial or cremation expenses, the expenses of last illness, and all costs and expenses of administering my estate, as soon as practicable after my death.

14.2 Secured Debts

Any debt secured by a mortgage, deed of trust, or other lien on property that passes under this Will shall:

☐ Be paid from the Residuary Estate, and the property shall pass free and clear of the encumbrance.

☐ Pass to the beneficiary subject to the existing encumbrance, and the beneficiary shall assume responsibility for the secured debt.

14.3 Funeral Directions

☐ I direct that my remains be ☐ buried / ☐ cremated. (Additional instructions: [________________________________])

☐ I have executed a separate document regarding disposition of my remains.

☐ I leave these decisions to my Personal Representative and/or family.

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ARTICLE 15. SIMULTANEOUS DEATH AND SURVIVORSHIP

15.1 Survivorship Requirement

No beneficiary under this Will shall be entitled to receive any distribution unless that beneficiary survives me by at least thirty (30) days (the "Survivorship Period"). Any beneficiary who fails to survive me by the Survivorship Period shall be deemed to have predeceased me for all purposes of this Will.

15.2 Simultaneous Death

If any beneficiary and I die under circumstances that make it impossible or difficult to determine the order of our deaths, such beneficiary shall be deemed to have predeceased me for all purposes of this Will, regardless of any presumption of survivorship under the Uniform Simultaneous Death Act or California law.

15.3 Exception to Prevent Intestacy

Notwithstanding Sections 15.1 and 15.2, the survivorship requirement shall not apply if its application would result in the entire estate passing by intestacy rather than under the terms of this Will.

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ARTICLE 16. PROPOSITION 19 ADVISORY — REAL PROPERTY TRANSFERS

16.1 Background

Effective February 16, 2021, California Proposition 19 (Cal. Rev. & Tax. Code § 63.2) significantly changed the rules governing property tax reassessment on parent-to-child and grandparent-to-grandchild transfers of real property.

16.2 Key Provisions

(a) Primary Residence Exclusion. A transfer of a family home from parent to child (or grandparent to grandchild) is excluded from reassessment only if the transferee uses the property as their primary residence. The transferee must file for the homeowners' exemption or disabled veterans' exemption within one year of the transfer.

(b) Value Cap. The exclusion applies only if the property's current market value does not exceed the factored base year value by more than the adjusted amount (currently $1,044,586 for transfers between February 16, 2025, and February 15, 2027). If the market value exceeds the base year value plus the adjusted amount, the property will be partially reassessed.

(c) No More Investment Property Exclusion. Proposition 19 eliminated the prior exclusion (former Proposition 58/193) for transfers of non-primary-residence real property (rental properties, vacation homes, commercial property). Such transfers now trigger full reassessment to current market value.

(d) Filing Deadline. The transferee must file a claim with the County Assessor within three (3) years of the transfer date and before transferring the property to a third party.

16.3 Advisory to Personal Representative and Beneficiaries

I direct my Personal Representative and each beneficiary receiving real property under this Will to consult with a qualified California tax advisor or real property attorney regarding the property tax implications of any real property transfer from my estate, including the requirements of Cal. Rev. & Tax. Code § 63.2 (Proposition 19) and any subsequent legislative changes.

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ARTICLE 17. MISCELLANEOUS PROVISIONS

17.1 Severability

If any provision of this Will is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

17.2 Governing Law

This Will shall be governed by, construed under, and administered in accordance with the laws of the State of California.

17.3 Probate Venue

Venue for probate proceedings shall lie in the [________________________________] County Superior Court, Probate Division, or such other court of competent jurisdiction.

17.4 Headings

Section and article headings are for convenience of reference only and shall not affect the interpretation of this Will.

17.5 Gender and Number

As used in this Will, the singular includes the plural and vice versa, and any gender includes all genders, as the context requires.

17.6 Definition of Descendants

References in this Will to "children," "descendants," or "issue" include persons related by blood or legal adoption, but do not include stepchildren or foster children unless expressly named as beneficiaries.

17.7 Presumption of Fraud or Undue Influence (§ 21380)

I acknowledge that under Cal. Prob. Code § 21380, a provision of a testamentary instrument making a donative transfer to the person who drafted the instrument, or to a care custodian of a dependent adult transferor, is presumed to be the product of fraud or undue influence. I confirm that this Will was prepared at my direction and that no beneficiary named herein drafted this Will or exercised undue influence over its preparation.

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ARTICLE 18. EXECUTION AND ATTESTATION

18.1 Testator Declaration and Signature

I, [________________________________], the Testator, declare to the undersigned witnesses that this instrument, consisting of [____] pages (including this page), is my Last Will and Testament. I sign this Will voluntarily, of my own free will, and I request that each of you serve as a witness to my signing.

I sign this Will on [__/__/____] at [________________________________] (city), County of [________________________________], State of California.

 

________________________________________
[________________________________], Testator

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18.2 Witness Attestation

We, the undersigned, each being at least eighteen (18) years of age and of sound mind, declare under penalty of perjury under the laws of the State of California that:

(a) The Testator signed this Will (or acknowledged the Testator's signature on this Will) in our joint presence;

(b) At the time of signing, the Testator declared to us that this instrument is the Testator's Last Will and Testament;

(c) The Testator appears to us to be of sound mind and memory and under no constraint, duress, fraud, or undue influence;

(d) We each sign this Will as witnesses at the Testator's request, in the Testator's presence, and in the presence of each other;

(e) Neither of us is named as a beneficiary under this Will; and

(f) We understand that this instrument is the Testator's Will.

 

Witness No. 1:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Date: [__/__/____]

 

Witness No. 2:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Date: [__/__/____]

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ARTICLE 19. SELF-PROVING ATTESTATION CLAUSE

19.1 Declaration Under Penalty of Perjury

We, the Testator and the undersigned witnesses, declare under penalty of perjury under the laws of the State of California, pursuant to Cal. Code Civ. Proc. § 2015.5, that the foregoing is true and correct:

TESTATOR'S DECLARATION:

I, [________________________________], declare under penalty of perjury that I signed this Will as my free and voluntary act for the purposes expressed herein, that I am at least eighteen (18) years of age, of sound mind, and under no constraint, duress, or undue influence.

Signature: ________________________________________
Date: [__/__/____]

 

WITNESSES' DECLARATION:

Each of the undersigned declares under penalty of perjury under the laws of the State of California:

I witnessed the signing of this Will by the Testator (or the Testator's acknowledgment of the signature). At the time of signing, the Testator declared to me that this instrument is the Testator's Will. The Testator appeared to me to be of sound mind, of legal age, and under no constraint, duress, fraud, or undue influence. I am at least eighteen (18) years of age and am not a beneficiary under this Will. I signed this Will at the Testator's request, in the Testator's presence, and in the presence of the other witness.

 

Witness No. 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

 

Witness No. 2:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

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19.2 Optional Notarial Acknowledgment

State of California
County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for said State, personally appeared:

• [________________________________] (Testator)
• [________________________________] (Witness No. 1)
• [________________________________] (Witness No. 2)

each personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and each acknowledged to me that he/she/they executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

Signature: ________________________________________
Notary Public, State of California

My Commission Expires: [__/__/____]

(Notary Seal)

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END OF LAST WILL AND TESTAMENT

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Sources and References

• Cal. Prob. Code § 6100 — Capacity to make a will (18+ years, sound mind)
• Cal. Prob. Code § 6110 — Will execution requirements (writing, testator signature, two witnesses in joint presence)
• Cal. Prob. Code § 6111 — Holographic wills (entirely in testator's handwriting, signed, dated)
• Cal. Prob. Code § 6132 — Personal property memorandum (tangible property, $25,000 total / $5,000 per item limits)
• Cal. Prob. Code § 6300 — Pour-over to inter vivos trust
• Cal. Prob. Code §§ 8220-8226 — Proof of will / self-proving attestation clause under penalty of perjury
• Cal. Prob. Code §§ 8400-8541 — Appointment and powers of personal representative
• Cal. Prob. Code §§ 9600 et seq. — General powers of personal representative
• Cal. Prob. Code §§ 10400-10406 — Independent Administration of Estates Act (full and limited authority)
• Cal. Prob. Code §§ 10800-10805 — Statutory executor compensation
• Cal. Prob. Code §§ 870-884 — Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)
• Cal. Prob. Code §§ 21310-21315 — No-contest clauses (direct contest, probable cause requirement)
• Cal. Prob. Code § 21380 — Presumption of fraud or undue influence (donative transfers to drafter/care custodian)
• Cal. Prob. Code §§ 21620-21623 — Pretermitted (omitted) children
• Cal. Prob. Code §§ 20110-20125 — Tax apportionment
• Cal. Rev. & Tax. Code § 63.2 — Proposition 19 intergenerational property transfer exclusion
• Cal. Code Civ. Proc. § 2015.5 — Declaration under penalty of perjury
• California Legislative Information — Probate Code
• California Board of Equalization — Proposition 19 Fact Sheet
• Justia — California Probate Code