I, Tim Testator, residing at 1 [Street Address, [City], [State] [Zip], declare this to be my Last Will & Testament, and I revoke any and all wills and codicils I previously made.
ARTICLE I: Funeral expenses & payment of debt
I direct my executors to pay:
> my legally enforceable unsecured debts
> funeral expenses,
> expenses of my last illness,
> and the expenses of administering my estate.
ARTICLE II: Money & Personal Property
I give all my tangible personal property and all policies and proceeds of insurance covering such property, to my wife, Tammy. If she does not survive me, I give that property to my children surviving children, in equal shares. If a child has not survived me, but has one or more children, their share, to their children in equal shares. My estate should be used to cover the expenses related to delivering tangible personal property to beneficiaries.
ARTICLE III: Real Estate
Subject to encumbrances and mortgages, I give my home and all policies and proceeds of insurance covering such property, to Tammy, my wife. If she does not survive me, I direct my executor to sell my home and distribute funds per Article I above. My estate should be used to cover the expenses related to selling and delivering this to beneficiaries.
ARTICLE IV: Residuary Clause
I give all the rest, residue, and remainder of my estate to my wife, Tammy. If she does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor’s share per stirpes.
ARTICLE V: Taxes
Without apportionment against any beneficiary or other person, I direct my executors, to pay all succession, estate and inheritance taxes. These should include any penalties and interest payable by reason of my death.
ARTICLE VI: Minors
If under this will any property shall be payable outright to a person who is a minor, my executors may, without court approval, pay all or part of such property to a parent or guardian of that minor, to a custodian under the Uniform Transfers to Minors act, or may defer payment of such property until the minor reaches the age of majority, as defined by his or her state of residence. No bond shall be required for such payments.
ARTICLE VII: Fiduciaries
I appoint my spouse, Tammy, as Executor of this will. If she is unable or unwilling to act, or resigns, I appoint Terry, my daughter as executor. If the executor also predeceases me or is unable or unwilling to act, I appoint Sammy, my son as executor. My executor shall have all the powers allowable to executors under the laws of this state. I direct that no bond or security of any kind shall be required of any executor.
ARTICLE VIII: Simultaneous Death Clause
If my spouse and I shall die under such circumstances that the order of our deaths cannot be readily ascertained, my spouse shall be deemed to have predeceased me. No person, other than my spouse, shall be deemed to have survived me if such person dies within 30 days after my death. This article modifies all provisions of this will accordingly.
Signature
I, Tim Testator, the testator, sign my name to this document, this ____________ day of _____________, ________, at ___________________. I declare that I sign and execute this document as my last will, that I sign it willingly and that I execute it as my free and voluntary act. I declare that I am of the age of majority or otherwise legally empowered to make a will, and under no constraint or undue influence.
Signature: _____________________________________________________
Witnesses
We, the witnesses, sign our names to this document, and declare that the testator willingly signed and executed this document as the testator’s last will.
In the presence of the testator, and in the presence of each other, we sign this will as witnesses to the testator’s signing.
To the best of our knowledge, the testator legally empowered to make a will, is of sound mind and is under no constraint or undue influence.
We declare under penalty of perjury that the foregoing is true and correct, this ____________ day of ______________, ________, at _______________________________________.
First Witness
Sign your name: __________________________________________________
Print your name: __________________________________________________
Address: ____________________________________________
City, State: __________________________________________
Second Witness
Sign your name: _______________________________________
Print your name: ______________________________________
Address: ____________________________________________
City, State: __________________________________________
State of ______________.
County of _____________
On _____________ (date), before me, the undersigned, a notary public for the state, personally appeared ______________________ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of _________________ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____________ (name of subscribing witness) being by me duly sworn, said that he/she was present and saw/heard ___________________ (name(s) of principal(s)), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ________________ (name(s) of principal(s)). WITNESS my hand and official seal.
Notary Public Signature Notary Public Seal