LAST WILL AND TESTAMENT
OF [[TESTATOR FULL LEGAL NAME]]
I, [[Testator Full Legal Name]], of [[City, County, California]], born [[Date of Birth]], being of legal age (at least 18 years old), of sound mind and memory, and not acting under duress, menace, fraud, or undue influence, do hereby make, publish, and declare this instrument to be my Last Will and Testament, and I hereby revoke all wills and codicils previously made by me.
ARTICLE 1 - IDENTIFICATION AND FAMILY INFORMATION
1.1 I am [[married / not married / widowed / divorced]]. My spouse's full legal name is [[Spouse Full Legal Name]] (if applicable).
1.2 I have the following children (living and deceased, if relevant for any per stirpes distribution):
[[List each child: Full legal name, date of birth, and relationship (e.g., "biological child", "adopted child"). If none, state "I have no living children."]]
1.3 Any reference in this Will to "my children" or "my issue" includes all children named above and any children hereafter born to or adopted by me.
ARTICLE 2 - EXECUTOR AND ALTERNATE EXECUTORS
2.1 Primary Executor. I nominate and appoint [[Primary Executor Full Legal Name]], of [[Executor Address, City, State, ZIP]], as Executor (personal representative) of this Will.
2.2 First Alternate Executor. If [[Primary Executor Full Legal Name]] is unable or unwilling to serve or to continue to serve, I nominate [[First Alternate Executor Full Legal Name]], of [[Address]], as Executor.
2.3 Second Alternate Executor. If neither of the above is able or willing to serve, I nominate [[Second Alternate Executor Full Legal Name]], or if none, I direct the court to appoint a suitable person or corporate fiduciary.
2.4 Executor Powers. My Executor shall have all powers granted by the California Probate Code (including but not limited to Probate Code §§ 9600-9780) and, in addition, the following powers (which may be exercised without court order except where required by law):
(a) To sell, lease, mortgage, or otherwise deal with any real or personal property at such times and on such terms as the Executor deems advisable;
(b) To invest and reinvest estate assets in any investments the Executor deems prudent, without restriction to legal investments for fiduciaries;
(c) To continue, operate, or wind up any business interest I may own at death;
(d) To make tax elections, file returns, and pay taxes;
(e) To distribute assets in cash or in kind at such valuations as the Executor determines;
(f) To employ attorneys, accountants, appraisers, and other professionals and to pay reasonable compensation from the estate;
(g) To compromise, settle, or abandon claims;
(h) To serve without bond or other security, to the maximum extent permitted by law.
2.5 Compensation. My Executor shall be entitled to reasonable compensation as provided by California law (Probate Code § 10800 et seq.) or such greater amount as the court may approve.
ARTICLE 3 - GUARDIAN FOR MINOR CHILDREN
3.1 If any of my children are minors at the time of my death and my spouse does not survive me (or is otherwise unable to serve as guardian), I nominate [[Primary Guardian Full Legal Name]], of [[Guardian Address]], as guardian of the person and estate of such minor children.
3.2 If the primary guardian is unable or unwilling to serve, I nominate [[Alternate Guardian Full Legal Name]], of [[Address]], as guardian.
3.3 Any property to which a minor beneficiary is entitled under this Will may, in the discretion of my Executor, be held in a custodianship under the California Uniform Transfers to Minors Act (Probate Code § 3900 et seq.) or in a trust for the minor's benefit until the minor reaches the age of [[18 / 21 / 25 or other age]].
ARTICLE 4 - FUNERAL, BURIAL, AND DISPOSITION OF REMAINS
4.1 I direct that my remains be [[buried / cremated / donated / other specific wishes]] at [[Location or "as my Executor determines after consulting family"]].
4.2 My Executor shall pay all reasonable funeral, burial, cremation, and related expenses as a priority obligation of my estate.
4.3 I leave the details of any memorial service to the discretion of my Executor and family.
ARTICLE 5 - PAYMENT OF DEBTS, EXPENSES, AND TAXES
5.1 I direct my Executor to pay all of my legally enforceable debts, funeral expenses, administration expenses, and taxes as soon as practicable, including:
- All federal and California income taxes;
- Federal estate tax, if any (verify current applicable exclusion amount at time of death);
- California does not currently impose a state estate tax or inheritance tax.
5.2 My Executor may pay any debts or claims that the Executor reasonably believes to be valid even if formal claims procedures are not followed, to the extent permitted by law.
ARTICLE 6 - SPECIFIC BEQUESTS
I give the following specific gifts (if the named beneficiary does not survive me, the gift lapses unless otherwise provided):
6.1 To [[Beneficiary Full Legal Name]], I give [[specific item or dollar amount, e.g., my 2022 Toyota Camry VIN [[VIN]], or the sum of $[[Amount]] ]].
6.2 To [[Beneficiary Full Legal Name]], I give [[describe gift]].
6.3 All specific gifts are subject to any encumbrances on the property at the time of my death.
ARTICLE 7 - RESIDUARY ESTATE
7.1 I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatsoever kind and wheresoever situated, of which I shall die seized or possessed or to which I shall be entitled at the time of my death (the "Residuary Estate"), as follows:
(a) If my spouse survives me, to my spouse outright.
(b) If my spouse does not survive me, to my children, in equal shares, per stirpes.
(c) If none of the above survive me, to [[Alternate Residuary Beneficiary or "my heirs at law as determined under California intestacy law"]].
7.2 If any beneficiary under this Will and I die under circumstances where it is difficult or impossible to determine who survived the other, it shall be presumed that I survived such beneficiary for purposes of this Will (subject to any contrary simultaneous-death provision in a beneficiary designation for non-probate assets).
ARTICLE 8 - NO-CONTEST CLAUSE
If any beneficiary under this Will, or any person claiming through or under any such beneficiary, directly or indirectly contests or attacks this Will or any of its provisions, or seeks to invalidate, nullify, set aside, or vary any provision of this Will, then the share of such contesting beneficiary shall be revoked and such beneficiary shall receive only the sum of One Dollar ($1.00) in lieu of any other interest in my estate. This clause shall be enforceable to the maximum extent permitted by California law (Probate Code § 21310 et seq.).
ARTICLE 9 - EXECUTION AND ATTESTATION (CALIFORNIA REQUIREMENTS)
I, the undersigned Testator, declare that I am signing this Will as my free and voluntary act for the purposes expressed in it, that I am of legal age and sound mind, and that this is my Last Will and Testament.
Testator Signature: ________________________________________
Testator Printed Name: [[Testator Full Legal Name]]
Date: [[Date of Signing]]
City and County of Signing: [[City]], California
ATTESTATION BY WITNESSES (for witnessed will under Probate Code § 6110)
On the date written above, the Testator declared to us that this instrument was the Testator's Will, and the Testator signed this Will in our presence. At the Testator's request and in the Testator's presence, and in the presence of each other, we now sign our names as witnesses.
We declare under penalty of perjury under the laws of California that the foregoing is true and correct.
Witness 1 Signature: ________________________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Address, City, CA ZIP]]
Date: [[Date]]
Witness 2 Signature: ________________________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Address, City, CA ZIP]]
Date: [[Date]]
ARTICLE 10 - SELF-PROVING AFFIDAVIT (OPTIONAL BUT RECOMMENDED)
(Attach or include this affidavit to allow the Will to be admitted to probate without testimony of the witnesses.)
State of California
County of [[County]]
We, [[Testator Full Legal Name]], [[Witness 1 Full Legal Name]], and [[Witness 2 Full Legal Name]], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as the Testator's Last Will and Testament, that the Testator signed it willingly (or willingly directed another to sign for the Testator), that the Testator executed it as a free and voluntary act for the purposes therein expressed, and that each of the witnesses, at the request of the Testator, in the Testator's presence and in the presence of each other, signed the Will as witness, and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence.
Testator: ________________________________________
Witness 1: ________________________________________
Witness 2: ________________________________________
Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses on [[Date]].
Notary Public Signature and Seal:
________________________________________
My commission expires: [[Date]]
ARTICLE 11 - HOLOGRAPHIC WILL OPTION (CALIFORNIA)
(If the Testator wishes to make a holographic will entirely in the Testator's handwriting, the following may be used instead of the witnessed form. All material provisions and the signature must be in the Testator's handwriting.)
I, [[Testator Full Legal Name]], declare this to be my Last Will. [Handwritten statement of all bequests, appointments, and revocation language.]
Dated: [[Date]]
Signature: ________________________________________
Note: Holographic wills are valid in California under Probate Code § 6111 if the signature and material provisions are in the Testator's handwriting. They do not require witnesses. A self-proving affidavit may still be useful but is not required for holographic wills.
ARTICLE 12 - COMMUNITY PROPERTY AND SPOUSAL RIGHTS
California is a community property state. My spouse may have an interest in community property assets that cannot be devised by this Will. This Will disposes only of my separate property and my one-half interest in community and quasi-community property. My Executor is directed to consult with counsel regarding characterization of assets and to obtain any required spousal consents or waivers where appropriate.
ARTICLE 13 - MISCELLANEOUS
13.1 Governing Law. This Will shall be governed by and construed in accordance with the laws of the State of California.
13.2 Severability. If any provision of this Will is held invalid, the remaining provisions shall continue in full force.
13.3 Headings. Headings are for convenience only and shall not affect interpretation.
13.4 No Contract to Make Will. This Will does not constitute a contract to make or not to revoke a will.
DISCLAIMER
Template - not professional (legal/financial/medical) advice. This is a sample last will and testament template for use in California. Execution requirements are set forth in Probate Code §§ 6110 (witnessed) and 6111 (holographic). Community property rules, spousal rights, and pretermitted heir protections (Probate Code §§ 21600 et seq.) may limit the ability to dispose of certain assets. Tax laws, including federal estate tax exemptions, change periodically. Guardianship nominations and trust arrangements for minors have important legal consequences. This document should be reviewed by a qualified California estate planning attorney. The testator and family should verify all provisions against current law. As of June 2026.
EXECUTION RECORD
This Will was signed by the Testator and witnessed (or executed as a holographic will) on the date indicated above. The original should be stored in a safe place known to the Executor and a copy provided to the Executor or trusted advisor.
