DIY Legal Forms

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Detailed Will

1. Introductory Clause. I, [name], a resident of, and domiciled in, [city, county, state], make, publish, and declare this my Will, revoking all former wills made by me.

2. Direction to Pay Debts. I direct my Executrix to pay my just debts and funeral expenses, as soon after the Executrix's appointment as possible.

3. Bequest of Specific Personal Property. I give and bequeath my [particular property, e.g., stamp collection] to [name and relationship] if that person is alive at the time of my death. If [name] fails to survive me, I give and bequeath my [particular property, e.g., stamp collection] to [name and relationship].

4. Bequest of Cash. I give and bequeath the sum of ---------- dollars ($----------) to [name and relationship], if that person is alive at the time of my death. If [name] fails to survive me, I give the sum of ---------- dollars ($----------) to [name's] issue, per stirpes and not per capita.

5. Devise of Real Estate. I give, devise, and bequeath to my Spouse, if my Spouse should survive me, all real property that I own at the time of my death together with the buildings and other improvements erected on the real property and all personal property used in connection with the operation or maintenance of the real property.

6. Property Added to Residuary Estate if Legatee Dies Before Testator. If my Spouse dies before me, I direct that all the real property that I own at the time of my death together with the buildings and other improvements erected on the real property and all personal property used in connection with the operation or maintenance of the real property be sold and the proceeds added to my residuary estate.

7. Bequests to Children. I give and bequeath to my children [names of children], the sum of ---------- dollars ($----------) each, per stirpes and not per capita. I also give and bequeath the sum of ---------- dollars ($----------) to each of my children born or adopted after the date of this Will, per stirpes and not per capita.

[Alternative Paragraph]

7. Disinheritance of Children. Except as specifically provided for, I make no provision for any of my children whether alive at the date of this Will or born or adopted after the date of this Will.

8. Cancellation of Debts. If any of my children, nieces, or nephews are indebted to me at the time of my death, I cancel the indebtedness. If the indebtedness or any part of it is represented by one or more promissory notes, I direct my Executrix to mark the note or notes canceled and surrender it or them to the maker.

9. Residuary Estate. All the rest of my estate, I give, devise, and bequeath to my Spouse if alive at the time of my death. If my Spouse fails to survive me, I give, devise, and bequeath all the rest of my estate to my children, per stirpes and not per capita.

10. Determination of Prior Death. Any legatee or devisee under this Will who dies within [number] months after the date of my death shall be deemed for the purposes of this Will to have died before me.

[Alternative Paragraph]

10. Common Disaster. If my Spouse and I die simultaneously or under such conditions that it cannot be determined from credible evidence which of us survived the other, the provisions made for my Spouse shall be construed as though my Spouse had survived me, and my estate shall be distributed accordingly. If any other person interested under this Will shall die simultaneously with me or under such conditions that it cannot be determined from credible evidence which of us survived, I shall be deemed to have been the survivor, and my estate shall be distributed accordingly.

11. Appointment of Guardian for Minor Children. Should any of my children be minors at the time of my death, I nominate, constitute, and appoint [name and relationship] to be guardian of the persons and property of those children until they reach their majority. Should [name] be unable or refuse to serve as guardian or, having served, should die or resign before one or more of the children have reached their majority, I nominate, constitute, and appoint [name and relationship] to be guardian in [name's] stead. I direct that neither [names of guardians] be required to post bond for the faithful performance of their duties in any jurisdiction.

12. Executrix's Powers. I empower my Executrix to sell, at public or private sale, any part of my estate, real and personal, at times and upon terms and conditions that she deems proper.

13. Appointment of Executrix. I nominate and appoint as Executrix of this Will my Spouse. If my Spouse fails to qualify or ceases to act, I nominate and appoint [name and relationship] as Executor of this Will. I direct that no bond be required of either of them.

IN WITNESS WHEREOF, I have set my hand and seal this [date].

[signature]

[seal]

ATTESTATION

Signed, published, and acknowledged by [name] as his Will, in the presence of us, who, in his presence and in the presence of each other, and at his request, have subscribed our names as witnesses this [date].

Witnesses:

[three signatures]

*** If Required By State Law ***

This Section for Notary:

Acknowledgment

STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

[signature]

[Name of Notary Public]

My commission expires: [date]

(Seal)