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California Last Will and Testament Template

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The California last will and testament is a legal document that’s used  for the purpose of distributing the testator’s property whether it’s fiduciary, personal or real property, upon their death. In the state of California, wills give the testator (or the person creating the form), the opportunity to leave their assets to children, spouse, domestic partner, friends or even your favorite charity. This document will require two witnesses and must be notarized.

Definition – Probate Code Section 88

Laws – California Probate Code 6100 to 6349 (See also Full Probate Code)

How to Write

Step 1 – Testator -Enter the name of the testator at the top of the form and continue by entering:

  • The Name of Testator
  • The City of Residence
  • The County of Residence
  • Carefully review the remainder of the paragraph
  • Review Expenses and Taxes section of the form

Step 2 – Nominate and Appoint an Executor–

  • Enter Executor’s Name
  • Executor’s City
  • County of Executor
  • State of residence

Alternate Executor – to be available in the event the initial appointee is unable to serve as executor to the state

  • Full legal name of executor
  • Name of City
  • Name of County
  • Name of State

Step 3 – Disposition of Property  – Enter the property to be granted or gifted to each beneficiary:

 Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their Social Security Number
  • Enter the property being bequeathed to each chosen beneficiary

The Testator must read the entire remaining information with regard to how bequeathed property will be distributed if a beneficiary passes away before the testator:

Step 4 – Testator must carefully review the following sections prior to application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures– All signatories must be available in the presence of one another

  • Enter the testator’s name
  • Date the testator’s signature in dd/mm/yyyy format
  • Signature of Testator
  • Print testator’s name

Witnesses – All Witnesses must read the brief statement

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Signature
  • Address

Witness 2 –

  • Signature
  • Address

Step 6 – Testament Affidavit – All parties must review. Complete the following:

  • State
  • County
  • Name of testator
  • Name of 1st witness
  • Name of 2nd witness
  • AND
  • Testator Signature
  • Witness Signature
  • Witness Signature

Step 7 – Notarization – Notary shall complete the remaining portions of the document