Estate Administration

Last Will and Testament

Vicky Randolph Vicky Randolph

This document should be printed and executed on paper as per US Regulations

How To Use

This review list is provided to inform you about this document in question and assist in its preparation. This is a simple will and useful for that reason. Be sure to complete this if you have no other will. This provides a wonderful starting point. To take pressure off yourself, make a new will at the same time you have to renew your driving license. Consider it an ongoing process so you don’t try to anticipate all future events. Just take care of the next 3 to 5 years and then do a new will. You can give no greater gift to your heirs, should you die early, than to have a will in place to avoid all the problems of dying without one.

  1. Have three witnesses witness your signing. Have a notary witness the signatures. This covers the requirements of all states and insures your heirs do not have a problem if state laws change, which they do.

  2. Make multiple copies. Keep one in a home safe. Keep one off premises. Give your spouse a copy or the person closest to you.

  3. Note that we have only provided one Last Will and Testament form. This is done because we can only provide the skeleton of the document. The most important step is to enact it. Then it is up to you to provide for the level of specificity you desire. Rather than attempt to present a variety of wills for your review, we believe it simpler to provide a standard will and advise you to seek legal counsel if you want to make it too much more complex. In addition, remember to reduce your stress consider doing a will that will cover just the next few years, as suggested above, and then modify it to fit your later circumstances such as having children or your children leaving home.


Last Will and Testament

I.

I, _______________________________, residing at _________________________________________________________, being of sound mind and in the contemplation of the certainty of death, do hereby declare this instrument to be my last will and testament. 

II.

I hereby revoke all previous wills and codicils. 

III.

I direct that the disposition of my remains be as follows: _________________________________________________________________________________________

IV.

I give all the rest and residue of my estate to my spouse, _____________________________, should they survive me for 60 days. If my spouse, _________________________________, does not survive me, I give all the rest and residue of my estate to ______________________________. If neither ____________________________ nor ____________________________ survives me, I give all the rest and residue of my estate to my heirs as determined by the laws of the State of _____________, relating to descent and distribution. 

V.

I appoint __________________________, to act as the executor of this will, to serve without bond. Should _____________________________ be unable or unwilling to serve, then I appoint ____________________________ to act as the executor of this will. 

I herewith affix my signature to this will on this the ____ day of _______________, 20____ at _________________________________, in the presence of the following witnesses, who witnessed and subscribed this will at my request, and in my presence. 

ATTESTATION CLAUSE 

On the date above written, _____________________________, well known to us declared to us, and in our presence, that this instrument, consisting of _____ pages, is their last will and testament, and __________________, then signed this instrument in our presence, and at ___________________’s request we now sign this will as witnesses in each other’s presence. Further that _______________________________, appeared to us to be of sound mind and lawful age, and under no undue influence. 

Witness: _______________________________________________
Address: _______________________________________________ 

Witness: _______________________________________________
Address: _______________________________________________

Witness: _______________________________________________
Address: _______________________________________________

STATE OF _______________
COUNTY OF _____________

Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared: 

________________________________________________________
________________________________________________________
________________________________________________________ 

who after being having duly sworn or affirmed to tell the truth, stated: 

1. That ___________________________ declared this instrument to be their last will and testament to the witnesses. 

2. That ___________________________ signed this instrument in their presence.

3. That the witnesses signed as witnesses in the presence of __________________________ and each other. 

4. That __________________________ is well known to the witnesses, and the witnesses believe ____________________________ to be of lawful age, of sound mind and under no undue influence or constraint. 

______________________ 
Notary 

My Commission Expires: _________________________