LAST WILL AND TESTAMENT

of
________________________
I, ______________________________, resident of Kern County, California, being of sound mind and memory, and knowing the
full nature and extent of my bounty, declare that this is my will. I hereby revoke all prior wills and codicils that I may have
previously made.
ARTICLE ONE
1.

Marital Status
I am married to ________________, and all references in this will to my spouse are to that person.

2.

Children I Have
At the time of the drafting of this will, I have the following children: No biological children, no stepchildren, no foster
children, and no deceased children.

3.

Definitions of Child and Issue and Living

As used in this will, the term child will have the same meaning provided in California Probate Code 26 in effect on the
date this will is executed. The word issue will have the meaning provided in California Probate Code 50 in effect on
the date this will is executed. A child, issue, or descendant who is in gestation at the time of my death, and who is later
born alive is deemed to be living or surviving at the time of my death.

4.

Phrasing used herein

Where appropriate herein, the masculine includes the feminine, the singular includes the plural, and vice versa.

5.

No Contract to Make a Will

I have not entered into a contract to make a will or testamentary gift or a contract not to revoke wills.

6.

No Exercise of Power of Appointment

I intentionally do not exercise any power of appointment which I have at the time of my death.
ARTICLE TWO
DISTRIBUTION OF PROPERTY

1.

Payment of Taxes and Funeral Expenses

I instruct my executor to first pay all taxes that I owe at the time of my death, and to pay for my funeral expenses. I
desire to have a simple Christian funeral and basic burial.

2.

Payment of all Lawful Debts

After the payment of taxes and funeral expenses, I instruct my executor to pay all lawful debts that I have incurred and
that are outstanding at the time of my death.

3.

Property to be Disposed of
It is my intention in making this will to dispose of my separate property and my half interest in the community property of
my marriage to ________________, with the exception of that specific personal property mentioned in Article Two;
Section 4. I confirm to my spouse, ________________, my spouse's one-half interest in the community property of our
marriage. In the event that my spouse predeceases me, I give, devise, and bequeath all my property, both real and
personal, to my children in as equal shares as is substantially possible. If any of my children are minors at the time of my

Last Will and Testament of _____________________

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death, that child(s) equal share distribution shall be distributed to the guardian of that child specified in Article Six to be
used as the guardian believes is reasonably necessary for the responsible care and upbringing of that child.
4.

Distribution of Specific Personal Property:

I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.
I give _______________________________________________ to _____________________.

5.

Residue
The residue of my property not effectively disposed of by the preceding dispositions shall be divided and distributed as
follows:
First:

My spouse, _____________________, if my spouse survives me.

If my spouse pre-decease me, then the above-described Residue shall be distributed to:
Second:

________________________________________________
ARTICLE THREE
NOMINATION OF EXECUTOR

1.

Nomination of Executor
I nominate the persons listed below, in the order indicated, as the executor of my will:
First:

My spouse, _____________________.

Second:

In the event that my spouse fails or ceases to act and does not act as the executor of
my will, I nominate _____________________ of ________________ (City),
_______________ (State), as the executor of my will.

2.

Bond
I request that no bond be required of any executor nominated in my will.

Last Will and Testament of _____________________

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ARTICLE FOUR
POWERS OF EXECUTOR
1.

General Powers
My executor may administer my estate under the California Independent Administration of Estates Act (Probate Code
10400 et seq). My executor shall have all powers conferred on executors by law at the date of my death, including
any powers provided in this will, except as otherwise provided in this will.

2.

Specific Powers
In addition to the powers conferred on my executor under Article Four, paragraph 1, above, my executor shall have the
following powers:
A. Power to Sell Estate Assets. My executor may sell, with or without notice, at either public or private sale, for cash
or terms, any property of my estate that my executor considers necessary for the estate's proper administration
and distribution.
B.

Power to Lease Estate Assets. My executor may lease all or any part of the real or personal property of my
estate on terms that my executor considers proper.

C. Power to Retain Estate Assets.

My executor may retain any asset of my estate (including unproductive,

speculative, or fluctuating assets) for as long as the executor considers proper. My executor will not be liable for
any resulting losses unless the executor acts in bad faith, is grossly negligent, or engages in willful misconduct.
D. Power to Distribute Gifts to Incompetent Adults. My executor may distribute a gift made in my will to any
beneficiary who is under any legal disability, or who is unable in the executors judgment to use or manage the
property properly by reason of mental or physical illness or disability, to the beneficiarys conservator of the
estate. My executor may distribute the property to the beneficiary directly if, in the executors judgment, the
beneficiary has the capacity to use and manage the gift appropriately. The receipt by the beneficiary of any
of the above-described property will suffice for the executors discharge with regard to that specific property.
E.

Power to Allocate Property to Distributive Shares. In selecting estate property to be distributed in fulfillment of
any nonspecific devise made in my will, my executor may determine which property to allocate to the portions to
be distributed.
ARTICLE FIVE

1.

My Executor may exercise their discretionary powers in administering, dividing, and distributing my estate in a nonprorata manner. They shall not be liable because of their good faith decisions in distributing in this manner and electing
to deduct expenses for either estate or income tax purposes or election of methods of evaluation of real estate or a
closely held business interest.
ARTICLE SIX
NOMINATION OF GUARDIANS

1.

Nomination of Guardians of Persons

If my spouse does not survive me, and if at the time of my death any of my children are minors, I nominate the following
as guardian(s) of the persons of my minor children:
First:

_______________________ of ________________ (City), _______________ (State)

Last Will and Testament of _____________________

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Second:

In the event that the preceding declines to accept the appointment of guardian, I
nominate _____________________________________ of ________________ (City),
_______________ (State), as the guardian(s) of my minor children.

ARTICLE SEVEN
LIABILITY OF EXECUTOR AND TRUSTEE
1.

No Executor or Trustee at any time shall be held liable for any action taken or not taken for any loss or depreciation and
value of any property in any trust created hereby or in my estate, or for any tax liability imposed on any trust
beneficiary as a result of the accumulation of distribution of trust income or principal, whether due to an error of judgment
or otherwise, if such Trustee or Representative has exercised good faith and ordinary diligence in the exercise of his or
her duties.
ARTICLE EIGHT
CONCLUDING PROVISIONS

1.

Interest on Gifts
No gift in my will or in any codicil to it will bear interest, whether or not it is distributed within the period provided by law.

2.

Choice of Laws
The validity, interpretation, and construction of any provision of this will shall be governed by the laws of the State of
California in effect on the date of execution.

3.

Interests of Beneficiaries
No interest of any beneficiary shall be subject to alienation, assignment, encumbrance, appointment, or other anticipation
by the beneficiary to garnishment, attachment, execution or bankruptcy proceedings, or to claims for alimony or support
or any other claims of any creditor or other person against the beneficiary or to any other transfer, voluntary or
involuntary, by or from any beneficiary, provided that any principal distributable to any beneficiary by reason of having
attained a specified age shall be fully alienable by such beneficiary after attaining such age.

4.

Survivorship Period
For purposes of this will, a beneficiary will be deemed to have survived me if the beneficiary is alive at the time of my
death.

5.

No-Contest Clause
If any beneficiary under my will in any manner, directly or indirectly, contests my will or any of its provisions in any legal
proceeding that is designed to thwart my wishes as expressed in my will, any share or interest in my estate given to that
contesting beneficiary under my will is revoked and will be disposed of under the terms of my will as if that contesting
beneficiary had predeceased me without issue.

6.

Severability
If any provision contained in this will is invalid or unenforceable, that provision will be treated as void and the remaining
provisions will remain in effect as if the invalid or unenforceable Provisions were not included in this instrument.
THIS SPACE INTENTIONALLY LEFT BLANK

Last Will and Testament of _____________________

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STATION
EXECUTION AND ATTE
TTESTATION
Executed on ___________, 2016 at Bakersfield, California.
______________________________________
PRINTED NAME:
On the date written below, the testator, _____________________________, declared to us that this instrument, consisting
of five (5) pages including this page, was the testators will and asked us to witness it. The testator then signed this will in
our presence, all of us being present at the same time. At the testators request, in the testators presence, and in the
presence of one another, we subscribe our names as witnesses. We believe that the testator is over age 18, is of sound
mind, and is under no constraint or undue influence.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on
___________, 2016 at Bakersfield, California.

______________________________________

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Name of witness

Name of witness

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Signature

Signature

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Address

Address

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Name of witness

Name of witness

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Signature

Signature

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Address

Address

Last Will and Testament of _____________________

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