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Form #948California Statutory Will
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California Statutory Will - free to use
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Need this form customized? |
Download This Form
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Printer Friendly Version
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California statutory
will.
INSTRUCTIONS
1. READ THE WILL. Read the whole Will first. If you do
not understand something, ask a lawyer to explain it to you.
2. FILL IN THE BLANKS. Fill in the blanks. Follow the
instructions in the form carefully. Do not add any words to the Will (except
for filling in blanks) or cross out any words.
3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN
IT. Date and sign the Will and have two witnesses sign it. You and the
witnesses should read and follow the Notice to Witnesses found at the end of
this Will.
CALIFORNIA
STATUTORY WILL OF _________
Print
Your Full Name _________
1. Will. This is my Will. I revoke all prior Wills and
codicils.
2. Specific Gift of Personal Residence (Optional—use
only if you want to give your personal residence to a different person or
persons than you give the balance of your assets to under paragraph 5 below). I
give my interest in my principal personal residence at the time of my death
(subject to mortgages and liens) as follows: (Select one choice only and sign
in the box after your choice.)
o a. Choice One: All to my spouse, if my
spouse survives me; otherwise to my descendants (my children and the
descendants of my children) who survive me.
o b. Choice Two: Nothing to my spouse; all
to my descendants (my children and the descendants of my children) who survive
me.
o c. Choice Three: All to the following
person if he or she survives me: (Insert the name of the person.)
o d. Choice Four: Equally among the following
persons who survive me: (Insert the names of two or more persons.)
3. Specific Gift of Automobiles, Household and
Personal Effects
(Optional—use only if you want to give
automobiles and household and personal effects to a different person or persons
than you give the balance of your assets to under paragraph 5 below). I give
all of my automobiles (subject to loans), furniture, furnishings, household
items, clothing, jewelry, and other tangible articles of a personal nature at
the time of my death as follows:
(Select one choice only and sign in the
box after your choice.)
o a. Choice One: All to my spouse, if my
spouse survives me; otherwise to my descendants (my children and the
descendants of my children) who survive me.
o b. Choice Two: Nothing to my spouse; all
to my descendants (my children and the descendants of my children) who survive
me.
o c. Choice Three: all to the following
person if he or she survives me: (Insert the name of the person.)
o d. Choice Four: Equally among the
following persons who survive me: (Insert the names of two or more persons.)
4. Specific Gifts of Cash. (Optional) I make the
following cash gifts to the persons named below who survive me, or to the named
charity, and I sign my name in the box after each gift. If I don't sign in the
box, I do not make a gift. (Sign in the box after each gift you make.)
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........................................................................................ Â
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Name of Person or Charity
to receive gift (name one
only—please print)
Â
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Amount of Cash Gift
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........................................................................................ Â
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........................................................................................ Â
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........................................................................................ Â
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Sign your name in this box
to make this gift
Â
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Name of Person or Charity
to receive gift (name one
only—please print)
Â
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Amount of Cash Gift
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........................................................................................ Â
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........................................................................................ Â
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........................................................................................ Â
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Sign your name in this box
to make this gift
Â
|
5. Balance of My Assets. Except for the specific gifts
made in paragraphs 2, 3 and 4 above, I give the balance of my assets as
follows:
(Select one choice only and sign in the
box after your choice. If I sign in more than one box or if I don't sign in any
box, the court will distribute my assets as if I did not make a Will.)
o a. Choice One: All to my spouse, if my
spouse survives me; otherwise to my descendants (my children and the
descendants of my children) who survive me.
o b. Choice Two: Nothing to my spouse; all
to my descendants (my children and the descendants of my children) who survive
me.
o c. Choice Three: All to the following
person if he or she survives me: (Insert the name of the person.)
o d. Choice Four: Equally among the
following persons who survive me: (Insert the names of two or more persons.)
6. Guardian of the Child's Person. If I have a child
under age 18 and the child does not have a living parent at my death, I
nominate the individual named below as First Choice as guardian of the person
of such child (to raise the child). If the First Choice does not serve, then I
nominate the Second Choice, and then the Third Choice, to serve. Only an
individual (not a bank or trust company) may serve.
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.................................................................................................................................................................................................................... Â
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Â
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Name of First Choice for
Guardian of the Person
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.................................................................................................................................................................................................................... Â
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Â
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Name of Second Choice for
Guardian of the Person
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.................................................................................................................................................................................................................... Â
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Â
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Name of Third Choice for
Guardian of the Person
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.................................................................................................................................................................................................................... Â
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7. Special Provision for Property of Persons Under Age
25. (Optional—Unless you use this paragraph, assets that go to a child or other
person who is under age 18 may be given to the parent of the person, or to the
Guardian named in paragraph 6 above as guardian of the person until age 18, and
the court will require a bond; and assets that go to a child or other person
who is age 18 or older will be given outright to the person. By using this
paragraph you may provide that a custodian will hold the assets for the person
until the person reaches any age between 18 and 25 which you choose.) If a
beneficiary of this Will is between age 18 and 25, I nominate the individual or
bank or trust company named below as First Choice as custodian of the property.
If the First Choice does not serve, then I nominate the Second Choice, and then
the Third Choice, to serve.
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.................................................................................................................................................................................................................... Â
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Â
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Name of First Choice for
Custodian of Assets
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.................................................................................................................................................................................................................... Â
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.................................................................................................................................................................................................................... Â
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Â
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Name of Second Choice for
Custodian of Assets
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.................................................................................................................................................................................................................... Â
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.................................................................................................................................................................................................................... Â
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Â
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Name of Third Choice for
Custodian of Assets
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.................................................................................................................................................................................................................... Â
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Insert any age between 18 and 25 as the
age for the _________ person to receive the property:
(If you do not choose an age, age 18 will
apply.) _________
8. I nominate the individual or bank or trust company
named below as First Choice as executor. If the First Choice does not serve,
then I nominate the Second Choice, and then the Third Choice, to serve.
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.................................................................................................................................................................................................................... Â
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Â
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Name of First Choice for
Executor
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.................................................................................................................................................................................................................... Â
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.................................................................................................................................................................................................................... Â
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Â
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Name of Second Choice for
Executor
|
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.................................................................................................................................................................................................................... Â
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.................................................................................................................................................................................................................... Â
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Â
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Name of Third Choice for
Executor
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.................................................................................................................................................................................................................... Â
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9. Bond. My signature in this box means a bond is not
required for any person _________ named as executor. A bond may be required if
I do not sign in this box:
o _________
No bond shall be required.
_________
(Notice: You must sign this Will in the
presence of two (2) adult witnesses. The _________ witnesses must sign their
names in your presence and in each other's presence. You must first read to
them the following two sentences.)
This is my Will. I ask the persons who sign below to
be my witnesses.
_________
_________
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Signed on _________(date)
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Signature
of Maker of Will
|
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at _________(city),
California.
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(Notice to Witnesses: Two (2) adults must sign as
witnesses. Each witness must read the following clause before signing. The
witnesses should not receive assets under this Will.)
Each of us declares under penalty of
perjury under the laws of the State of California that the following is true
and correct:
a On the date written below the maker of this Will
declared to us that this instrument was the maker's Will and requested us to
act as witnesses to it;
b We understand this is the maker's Will;
c The maker signed this Will in our presence, all of
us being present at the same time;
d We now, at the maker's request, and in the maker's
and each other's presence, sign below as witnesses;
e We believe the maker is of sound mind and memory;
f We believe that this Will was not procured by
duress, menace, fraud or undue influence;
g The maker is age 18 or older; and
h Each of us is now age 18 or older, is a competent
witness, and resides at the address set forth after his or her name.
Dated: _________, _________
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_________
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_________
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Signature of witness
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Signature
of witness
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Print name here:
_________
|
Print
name here: _________
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Residence Address:
_________
|
Residence
Address: _________
|
AT LEAST
TWO WITNESSES MUST SIGN
_________
NOTARIZATION
ALONE IS NOT SUFFICIENT
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Keywords: California, Statutory Will, Legal Forms, Will
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