LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
(California-Domiciled Testator – Simple Will)
DOCUMENT HEADER
This Last Will and Testament (“Will”) is executed on [DATE] (the “Effective Date”) by [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS], County of [COUNTY], State of California (“Testator”). Testator declares that Testator is of legal age, of sound mind, under no duress or undue influence, and intends this Will to dispose of Testator’s property at death in accordance with California law.
[// GUIDANCE: California Probate Code §§ 6100–6113 set out who may make a will and the formal execution requirements. Ensure the Testator signs in the joint presence of two disinterested witnesses who then sign during the Testator’s lifetime.]
TABLE OF CONTENTS
- Definitions
- Revocation of Prior Wills and Codicils
- Family Information
- Appointment of Personal Representative (Executor)
- Tangible Personal Property Memorandum
- Specific Gifts
- Residuary Estate
- Payment of Debts, Expenses, and Taxes
- Guardianship of Minor Children
- Digital Assets
- Pet Care Provision
- Administrative Powers; Indemnification; Liability Cap
- No-Contest (In Terrorem) Clause
- Governing Law; Probate Forum
- Miscellaneous Provisions
- Execution and Attestation
1. DEFINITIONS
For purposes of this Will, capitalized terms have the meanings set forth below:
“Administrator” – A person appointed by a court to administer the estate if the named Personal Representative is unable or unwilling to serve.
“Beneficiary” – Any person or entity entitled to receive property under this Will.
“Estate” – All property, real or personal, tangible or intangible, owned by Testator at death, wherever situated.
“Personal Representative” – The individual or corporate fiduciary nominated in Section 4 (commonly referred to as “Executor” under California Probate Code).
“Residuary Estate” – The balance of the Estate remaining after payment of debts, expenses, taxes, and all specific gifts.
[// GUIDANCE: Add additional defined terms if you modify or expand this template.]
2. REVOCATION OF PRIOR WILLS AND CODICILS
I hereby revoke all prior wills and codicils made by me.
3. FAMILY INFORMATION
3.1 Spouse. I am married to [SPOUSE NAME] (“Spouse”).
3.2 Children. I have the following children: [CHILD 1], [CHILD 2], [etc.].
3.3 Additional Descendants. References to “children” or “descendants” include those born or adopted after this Will’s date unless expressly excluded.
[// GUIDANCE: If unmarried or with no children, adjust accordingly. Family information is not strictly required but aids probate administration.]
4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)
4.1 Nomination. I nominate [PRIMARY EXECUTOR NAME] of [CITY, STATE] as Personal Representative to administer my Estate.
4.2 Successor. If the foregoing is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME].
4.3 Bond. No bond shall be required of any Personal Representative unless a court so orders for good cause.
4.4 Independent Administration. I authorize my Personal Representative to administer my Estate under the Independent Administration of Estates Act (California Probate Code §§ 10400 et seq.) to the fullest extent permitted.
5. TANGIBLE PERSONAL PROPERTY MEMORANDUM
I may leave a dated and signed writing disposing of items of tangible personal property (excluding money and titled motor vehicles). Such writing, if found and proved, shall be incorporated herein by reference.
6. SPECIFIC GIFTS
6.1 Cash Gifts.
(a) [SPECIFIC DOLLAR AMOUNT] to [BENEFICIARY NAME & ADDRESS].
(b) [add additional gifts as needed]
6.2 Specific Property Gifts.
(a) [DESCRIPTION OF PROPERTY] to [BENEFICIARY].
If any Beneficiary entitled to a specific gift predeceases me, that gift shall lapse and pass to the Residuary Estate unless this Will expressly provides otherwise.
7. RESIDUARY ESTATE
I give the entirety of my Residuary Estate, in equal shares per stirpes, to my living descendants. If none survive me, then to my Spouse. If neither descendants nor Spouse survive me, then to my heirs at law determined under California intestacy statutes in effect on my date of death.
[// GUIDANCE: Replace with any desired residuary distribution plan (e.g., charitable gifts, trusts for minors).]
8. PAYMENT OF DEBTS, EXPENSES, AND TAXES
8.1 Payment Source. My Personal Representative shall pay from the Residuary Estate all enforceable debts, last illness and funeral expenses, estate administration costs, and all estate and inheritance taxes attributable to my Estate or any property passing outside of probate (except as otherwise directed by beneficiary designation or governing instrument).
8.2 Apportionment. All such taxes shall be charged ratably to the property generating the tax burden unless inconsistent with governing tax law.
9. GUARDIANSHIP OF MINOR CHILDREN
If, at my death, any of my children are under age 18 and the other natural or adoptive parent is not living or is unwilling or unable to act, I nominate [GUARDIAN NAME] of [CITY, STATE] as legal guardian of the person and estate of such minor children. [ALTERNATE GUARDIAN] shall serve if the primary nominee is unable or unwilling.
[// GUIDANCE: California courts give great weight to a parent’s nomination but retain ultimate discretion to act in the child’s best interests.]
10. DIGITAL ASSETS
I grant my Personal Representative all lawful authority under the Revised Uniform Fiduciary Access to Digital Assets Act (California Probate Code §§ 870 et seq.) to access, manage, and dispose of my digital assets and electronic communications.
11. PET CARE PROVISION
I direct my Personal Representative to place any companion animals owned by me at death into the care of [PET CARETAKER] and to distribute [DOLLAR AMOUNT] from my Estate to said caretaker for the animals’ welfare. If the caretaker predeceases me or declines, my Personal Representative shall select a suitable alternative caretaker or reputable animal welfare organization.
12. ADMINISTRATIVE POWERS; INDEMNIFICATION; LIABILITY CAP
12.1 Powers. My Personal Representative shall have all powers available under California Probate Code §§ 9600 et seq., including, without limitation, the power to sell, lease, exchange, invest, and distribute Estate property without court order.
12.2 Indemnification. My Estate shall indemnify and hold harmless the Personal Representative from any liability, expense, or claim arising from actions taken in good faith and with reasonable care in the administration of the Estate.
12.3 Liability Cap. Any liability of the Personal Representative to Beneficiaries or third parties shall be limited to the value of Estate assets then under the Personal Representative’s control, and no personal liability shall attach absent gross negligence, willful misconduct, or bad faith.
[// GUIDANCE: The Personal Representative’s indemnity is a state-approved mechanism to encourage fiduciary service while protecting Beneficiaries.]
13. NO-CONTEST (IN TERROREM) CLAUSE
If any Beneficiary (individually or in concert with others) directly or indirectly contests this Will or seeks to impair or invalidate any of its provisions, any share or interest in my Estate to which that person would otherwise be entitled shall be forfeited and become part of the Residuary Estate to be distributed as though that person had predeceased me without descendants.
[// GUIDANCE: California Probate Code § 21310 et seq. restricts enforcement of no-contest clauses to specific types of contests brought without probable cause. Advise clients accordingly.]
14. GOVERNING LAW; PROBATE FORUM
This Will shall be governed by and construed in accordance with the laws of the State of California (the “Governing Law”). Venue for probate proceedings shall lie exclusively in the [NAME OF COUNTY] County Superior Court – Probate Division (the “Probate Court”).
15. MISCELLANEOUS PROVISIONS
15.1 Simultaneous Death. If any Beneficiary and I die under circumstances making the order of death uncertain, such Beneficiary shall be deemed to have predeceased me for all purposes of this Will.
15.2 Survivorship Period. A Beneficiary must survive me by 30 days to take under this Will, unless the application of this provision would cause an intestacy.
15.3 Severability. If any provision is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted.
15.4 Headings. Headings are for convenience only and do not affect interpretation.
16. EXECUTION AND ATTESTATION
IN WITNESS WHEREOF, I, [TESTATOR NAME], have subscribed my name to this Will on the date first written above, in the presence of the undersigned witnesses, who witnessed and subscribed this Will at my request and in my presence.
16.1 Testator Signature
[TESTATOR NAME], Testator
16.2 Witness Attestation
We, the undersigned witnesses, declare under penalty of perjury under the laws of the State of California that (a) the Testator signed or acknowledged signing this Will in our joint presence, (b) the Testator appears to be of sound mind and under no undue influence, (c) each of us is at least 18 years of age and not named as a Beneficiary, and (d) each of us signs this Will as witness at the Testator’s request and in the Testator’s presence and in the presence of each other on the date indicated below.
| Witness | Address | Date | Signature |
|---|---|---|---|
| Witness #1: [NAME] | [ADDRESS] | [DATE] | ________ |
| Witness #2: [NAME] | [ADDRESS] | [DATE] | ________ |
16.3 Self-Proving Declaration (Optional in CA)
State of California )
County of ____ ) ss.
On the date written below, before me, [NOTARY NAME], a Notary Public, personally appeared [TESTATOR], [WITNESS 1], and [WITNESS 2], all personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the foregoing instrument, and each acknowledged executing the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
Notary Public
My Commission Expires: ____
[// GUIDANCE: A self-proving affidavit is not mandatory in California but expedites probate by eliminating the need for witness testimony. If omitted, delete this section.]
END OF DOCUMENT