This sample last will and testament for California can be modified for many situations. It is based on wills prepared by the author, a freelance paralegal who has worked in California and Federal litigation since 1995.

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LAST WILL AND TESTAMENT
OF
________________________
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.
Initials___________
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2. 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
Will.
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
___________________________________________________________.
Initials___________
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3. 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
issue.
IN WITNESS WHEREOF, I subscribe my name to this will this ______________ day of
________________, 20__ 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
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4. On this ______________day of _________________,20__ ______________________
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 ___________________, 20__.
____________________________________ residing at ________________________________
_____________________________________________________________________________.
____________________________________ residing at ________________________________
_____________________________________.
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5. address.
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6. address.
To view many more sample legal documents created by me,
visit this website: http://www.legaldocspro.com/downloads.aspx
Be sure to remove these notices before using this document.
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