Important: a will must be printed and signed on paper in front of witnesses. Electronic signatures are NOT valid for wills in most states.
Use the name on your legal documents. Remember: this will must be printed and signed with witnesses — e-signature is not valid for wills in most states.
The state whose law governs this document.
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I, ____________, residing at ____________, in the State of ____________, being of sound mind and disposing memory and acting of my own free will, declare this to be my Last Will and Testament, revoking all prior wills and codicils made by me.
I am not married. I have no children as of the date of this Will. References in this Will to “my children” include any children later born to or adopted by me. My failure to provide in this Will for any person, whether or not named above, is intentional unless this Will expressly states otherwise.
I direct my Executor to pay from my estate my legally enforceable debts, my funeral and burial or cremation expenses, the expenses of administering my estate, and all estate, inheritance, and similar taxes payable by reason of my death, without apportionment against any beneficiary, as soon after my death as practicable.
I give all the rest, residue, and remainder of my estate, of every kind and wherever located (my “Residuary Estate”), to my spouse, ____________, if my spouse survives me. If my spouse does not survive me, I give my Residuary Estate to my children who survive me, in equal shares; the share of any child who does not survive me but leaves descendants who survive me shall pass to those descendants, per stirpes.
I appoint ____________, of ____________, as Executor of this Will. No Executor named in this Will shall be required to post bond or other security in any jurisdiction. I grant my Executor full power and authority to administer my estate, including the power to sell, lease, or mortgage estate property at public or private sale without court order, to pay claims and expenses, to settle and compromise claims by or against my estate, and to distribute property in cash or in kind, all to the extent permitted by law.
If any beneficiary under this Will and I die under circumstances in which the order of our deaths cannot be determined, or if a beneficiary dies within thirty (30) days after my death, that beneficiary shall be deemed not to have survived me for purposes of this Will.
If any provision of this Will is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and this Will shall be construed as if the invalid provision had not been included, in the manner that most closely carries out my intent.
A will is only valid if executed with the formalities required by state law. Electronic signatures are NOT valid for wills in most states — print this document and sign it in ink. Sign and date at the end, in the simultaneous presence of at least two disinterested adult witnesses (adults who are not beneficiaries under this Will); check your state's requirements, as some states require more (for example, Vermont historically required three witnesses). The witnesses must watch you sign and then sign themselves, in your presence and in the presence of each other. A notarized “self-proving affidavit,” signed by you and the witnesses before a notary public, is strongly recommended — it allows the will to be admitted to probate without locating the witnesses later.
IN WITNESS WHEREOF, I, ____________, sign my name to this instrument, consisting of these pages, and declare it to be my Last Will and Testament, this ______ day of ________________, 20____, at ______________________________.
_______________________________________
____________, Testator
The foregoing instrument was signed, published, and declared by ____________, the Testator, to be the Testator's Last Will and Testament in our presence, and we, at the Testator's request, in the Testator's presence, and in the presence of each other, have signed our names below as witnesses. To the best of our knowledge, the Testator is of sound mind, is over eighteen (18) years of age, and acts of the Testator's own free will.
WITNESS 1
Printed name: _______________________________
Address: ____________________________________
Signature: __________________________________ Date: ______________
WITNESS 2
Printed name: _______________________________
Address: ____________________________________
Signature: __________________________________ Date: ______________