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Sample California last will and testament


This sample last will and testament is for use in California by a married person but can be modified for use by a single person. It is a simple will and not lengthy but is valid in the State of California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided

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									                                LAST WILL AND TESTAMENT

       I, __________________________, now residing in the County of __________________,

State of California, and being of sound mind and memory and not acting under fraud, menace,

duress or the undue influence of any person whomsoever, do hereby make, publish and declare

this to be my Last Will and Testament, and hereby expressly revoke any and all former wills and

codicils to wills heretofore made by me.

       FIRST:          I declare that I am married to ________________________, and all

references in this will to my wife are to her. I further declare that any references in this will to

my children shall include any child of mine born from this day forward, or legally adopted. At

the present time I have three children, _______________________________,

_________________________, and _______________________.

       SECOND:         I direct my executor, hereinafter named, to pay all my just debts, expenses

of administration, and my last illness and funeral costs as soon after my death as is convenient.

       THIRD:          I nominate _________________________ as executor, to serve without

bond. If ___________________________ shall for any reason fail to qualify or cease to act as

executor, I nominate _______________________ as executor, also to serve without bond. I

direct that my executor take all actions legally permissible to have the probate of my estate done

as simply as possible, including filing a petition in the appropriate court for the independent

administration of my estate under the California Independent Administration of Estates Act.


        Prior to distribution, the said personal representative shall have in addition to those

powers conferred by law, those powers reasonably required, including the power to sell at either

public or private sale, to mortgage, pledge, lease, exchange or otherwise dispose of the whole, or

any part, of the real or personal property of my estate, with or without first securing an order of

Court, but subject to any confirmation by the Court that may be required by law. My Executor

shall pay from the residue of my estate all inheritance, estate and other death taxes (excluding

any additional tax that may be assessed under Internal Revenue Code Section 2032(a), including

interest and penalties, that may, because of my death, be attributable to any assets properly

inventoried in my probate estate. The taxes shall be charged against my estate as though they

were ordinary expenses of administration without adjustment among the beneficiaries of my


        FOURTH:        I hereby give, or devise and bequeath all of my property and estate, both

real and personal, and wheresoever or howsoever situated, or to which I may be entitled at the

time of my death, as follows:

        To my wife, _________________________ if my wife does not survive me by 120 hours

then I give all my property to my children, to be divided into equal shares. If any of my children

do not survive me by 120 hours their share shall be divided equally among my surviving

children.. If none of my children do not survive me by 120 hours then I give all my property to

________________________. If ________________________ does not survive me by 120

hours then I give all my property to _________________________. If

______________________ does not survive me by 120 hours then I give all my property to



         FIFTH:        If my wife and I should die simultaneously, or under such circumstances

as to render it difficult or impossible to determine by clear and convincing evidence who

predeceased the other, I shall be conclusively presumed to have survived my wife for purposes of

this will.

         SIXTH:        Except as otherwise provided in this Will, I have intentionally and with

full knowledge omitted to provide for heirs. If any beneficiary under this Will in any manner,

directly or indirectly, contests this Will or any of its provisions, any share of interest in my

estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in

the same manner provided herein as if that contesting beneficiary had predeceased me without


         IN WITNESS WHEREOF, I subscribe my name to this will this ______________ day of

________________, 2013 at ______________________________________________________,

and do hereby declare that I sign and execute this instrument as my last will and that I sign it

willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and

that I am of the age of majority or otherwise legally empowered to make a will, and under no

constraint or under influence.

                                 NAME OF PERSON SIGNING WILL

       On this ______________day of _________________,2013, ______________________

declared to us, the undersigned, that this instrument consisting of 3 pages was his will and

requested us to act as witnesses to it. He thereupon signed this will in our presence, all of us

being present at the same time. We now, at his request, in his presence, and in the presence of

each other, subscribe our names as witnesses and declare we understand this to be his will, and

that to the best of our knowledge the testator is of the age of majority, or is otherwise legally

empowered to make a will, and is not acting under duress, menace, fraud or misrepresentation

and is under no constraint or undue influence

       We declare under penalty of perjury under the laws of the State of California, that the

foregoing is true and correct.

       Executed at _______________________________________________________, on this

_________ day of ___________________, 2013.

____________________________________ residing at ________________________________


____________________________________ residing at ________________________________


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