FREE LAST WILL AND TESTAMENT FORM FOR SINGLE TESTATOR

LAST WILL AND TESTAMENT OF JOHN DOE

I, John Doe, a resident of and domiciled in the State of California, being of sound mind, do make, publish and declare this to be my Last Will and Testament, revoking all Wills and codicils at any time heretofore made by me.

ARTICLE I.  ESTATE ADMINISTRATION AND EXPENSES
I direct that the expenses of my last illness and funeral, expenses incurred in the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this Will, and any interest or penalties thereon, shall be paid out of all my property, apportioned as to the devisee's interest in all property passing as a result of my death, whether or not passing under this Will.

ARTICLE II.  FAMILY INFORMATION
I am single.

As of the date of this Will, no children have been born to me.

I have never been married.

Unless otherwise expressly excluded, it is my intention that my Will include any above named child or children, and any other children born of or adopted by me after the date of this Will.

The terms "child" and "children", wherever used in this Will, include not only the child and children of the person designated, but also the legally adopted child and children of such person.  Similarly, the term "issue" includes not only the children and other issue of the person designated, but also the legally adopted children and issue of such person.

ARTICLE III.  TANGIBLE PERSONAL PROPERTY
My Personal Representative shall sell all tangible personal property owned by me at the time of my death and add the proceeds of the sales to my estate generally.

ARTICLE IV.  REAL PROPERTY
All real estate owned by me at the time of my death should pass to my residuary estate and should be disposed of in accordance with the terms set forth below governing my residuary estate. Encumbrances 2

ARTICLE V.  CASH
I give all my cash to my Cousin John Doe Jr..
If he does not survive me, then this money should pass to my residuary estate and should be disposed of in accordance with the terms governing disposition of my residuary estate.
All my cash, that is not otherwise disposed of under this Article, should pass to my residuary estate and should be disposed of in accordance with the terms governing disposition of my residuary estate.

ARTICLE VI.  INTANGIBLE PERSONAL PROPERTY
All intangible personal property owned by me at the time of my death, that is not otherwise disposed of under this Article, should pass to my residuary estate and should be disposed of in accordance with the terms governing my residuary estate.

ARTICLE VII.  CHARITABLE DONATIONS
I make no specific charitable gifts at the time of my death.

ARTICLE VIII.  CANCELLATION OF INDEBTEDNESS
Any debt owed to me, but not specifically cancelled under this Article, shall remain owing to and enforceable by my estate.

ARTICLE IX.  RESIDUE
I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), to the following:
To my Rel Res Bene 1 Name Res Bene 1.  If Name Res Bene 1 does not survive me, my residuary estate shall be paid and distributed to any then living issue of Name Res Bene 1, in equal shares Per Stirpes (by right of representation).

If none of the beneficiaries described above shall survive me, and no issue of said beneficiaries is then living, my residuary estate shall be paid and distributed, to the following:
John Doe Jr..

If none of the beneficiaries described above shall survive me, then I give my residuary estate to those who would take from me as if I were then to die without a Will, unmarried, the absolute owner of my residuary estate, and a resident of the State of California.

ARTICLE X.  MINOR BENEFICIARIES
If any property of my estate vests in absolute ownership in a minor or incompetent, my Personal Representative, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides if they are also the natural or appointed guardians of such beneficiary.  Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Personal Representative from any liability with respect thereto, even though my Personal Representative may be such person.  If such beneficiary is a minor, my Personal Representative may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described below.  If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary.

ARTICLE XI.  GUARDIANSHIP
I appoint no guardian to any child of mine in this Will.

ARTICLE XII.  PERSONAL REPRESENTATIVE
I appoint my Sister Jane Doe to be my Personal Representative.
If Jane Doe shall fail to qualify for any reason as my Personal Representative, or having qualified shall die, resign or cease to act for any reason, I appoint my Sister Jill Doe as my Personal Representative.
I direct that no Personal Representative shall be required to file or furnish any bond, surety or other security in any jurisdiction.

ARTICLE XIII.  EXECUTOR'S POWERS
I grant to my Personal Representative all powers conferred on Executors under the California Probate Code (including the Independent Administration of Estates Act), as amended, or any successor thereto, and all powers conferred upon Personal Representatives and Executors wherever my Personal Representative may act.  I also grant to my Personal Representative power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to hold, manage, insure, repair, improve, demolish, divide, and otherwise deal with and dispose of any property; to borrow money and mortgage, encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice.  The term "Personal Representative" wherever used herein shall mean the Personal Representatives, Executors, Executor, Executrix or Administrator in office from time to time.
My Personal Representative shall have the authority to perform any act believed to be necessary and in the best interest of my estate and descendants, with no limitations, and consistent with the laws of the State of California.  In addition each Personal Representative is authorized to:
a. Retain, until distribution and without liability for loss or depreciation resulting from such retention, any of my assets which shall come into his or her possession as a result of administering my estate.
b. Mortgage, lease, pledge, exchange, partition, or sell any of my assets without proper court order, whether real or personal, at public or private sale and to invest or reinvest the proceeds from any sale in the best interests of my estate.
c. Pass any real or personal property which is encumbered by a mortgage, deed of trust, lease or any other loan obligation that requires the payment of money, to the recipient of that particular property.
d. Exercise or sell any or all conversion, subscription, option, voting and any other rights of whatsoever nature pertaining to any such property, and in their discretion to vote, in person or by proxy, with respect to any matters, regarding stocks, securities or other assets constituting part of my estate.
e. Retain and continue to operate any business, incorporated or otherwise, which is part of my estate, including the right to effectuate any plan of corporate or business reorganization, consolidation, merger or similar plan.
f. Prosecute, compromise, settle or submit to arbitration any claim in favor or against my estate.
g. Settle my estate without intervention of any court, except to the extent required by law.

ARTICLE XIV.  CONTEST
If any of my beneficiaries chooses to contest or attack my Will, or any of its provisions, his or her share under this Will shall be deemed revoked and distributed as if the contesting beneficiary had predeceased me without any children.

ARTICLE XV.  SURVIVORSHIP
I direct that for purposes of this Will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by at least thirty (30) days.  


IN WITNESS WHEREOF, I, John Doe, sign, seal, publish and declare this instrument as my Last Will and Testament this ____________________ day of ____________________, 20____.

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Testator and Date


The foregoing instrument was signed, sealed, published and declared by John Doe, the above named Testator, to be his Last Will and Testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written.

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Witness and Date

Residing at:
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Witness and Date

Residing at:
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Witness and Date

Residing at:
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SELF-PROVING AFFIDAVIT

STATE OF CALIFORNIA
COUNTY OF ______________________________, SS.:

We, John Doe, and ____________________, ____________________ and ____________________, the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the Testator, in the presence of witnesses, signed the instrument as the Testator's Last Will and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as a witness.

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Testator and Date


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Witness and Date

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Witness and Date

Subscribed, sworn to and acknowledged before me by the said John Doe, Testator, and subscribed and sworn to before me by the said ____________________, ____________________ and ____________________ as witnesses, this ____________________ day of ____________________, 20____.


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Notary Public

My commission expires on:
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LAST WILL AND TESTAMENT
OF
JOHN DOE



Dated:  ____________________ day of ____________________, 20____