This required section requests information regarding the person making the will (the "Willmaker"). Press [Ctrl+F1] for more information.
This required section provides for the distribution of the Willmaker's remaining property to a living trust.
This required section provides for the selection of an executor. An executor is responsible for carrying out the terms of the Will. Press [Ctrl+F1] for more information.
This optional section provides for the selection of a guardian, a person who will have custody of the Willmaker's minor children if a natural guardian or parent is not available.
This required section provides standard powers for the executor.
This required section provides the date and signature line for the Willmaker. Press [Ctrl+F1] for more information.
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Pour Over Will
POWILL
A Pour Over Will is a specialized will that is used as a supplementary document to the Living Trust or Joint Living Trust. Its primary function is to "pour over" the Willmaker's remaining assets (at the Willmaker's death) into the Willmaker's Living Trust or Joint Living Trust.
Executor
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A Pour Over Will is prepared for a "Willmaker" (also known as a "Testator"). Enter the name of the Willmaker or edit the information as desired. Use the P.I. Manager to select and paste a record.
Enter either the term "Executor" or "Personal Representative". The decision as to which term to use is primarily personal. The hints will use the more familiar term "Executor".
Enter the FIRST witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed. Three witnesses are recommended, even though many states only require two.
Enter the SECOND witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter the name of the THIRD witness or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the name of a third witness. Three witnesses are recommended, even though only two are required. The signature of a third witness provides some protection in case one of the witness signatures is declared invalid for some reason. Press [Ctrl+F1] for more information.
POW01
! Opening Section (1 of 6)
[POUR OVER WILL: This document should only be used as a supplementary document to the Living Trust or Joint Living Trust. If a Joint Living Trust has been created, each grantor of the trust should prepare a separate Pour Over Will.]
This Pour Over Will is intended to be used with a
! Living Trust.
! Joint Living Trust.
LAST WILL AND TESTAMENT
I, !, of !, !, revoke my former Wills and Codicils and declare this to be my Last Will and Testament.
ARTICLE !
PAYMENT OF DEBTS AND EXPENSES
I direct that my just debts, funeral expenses, and expenses of last illness be paid as provided under the ! !.
Enter an X if this Pour Over Will is to be used as a supplementary document to a Living Trust.
Enter an X if this Pour Over Will is to be used as a supplementary document to a Joint Living Trust. If a Joint Living Trust has been created, each grantor of the trust should prepare a separate Pour Over Will.
A Pour Over Will is prepared for a "Willmaker" (also known as a "Testator"). Enter the name of the Willmaker or edit the information as desired. Use the P.I. Manager to select and paste a record.
Enter the Willmaker's city or edit the information as desired.
Enter the Willmaker's state/province or edit the information as desired.
The program completes the name of the trust by transferring the name of the Willmaker from above. If a Joint Living Trust has been created, enter the names of both grantors. For example: as provided under the "John H. and Mary F. Doe Joint" Living Trust.
Living Trust
Joint Living Trust
POW02
! Property Section (2 of 6)
ARTICLE !
DISPOSITION OF PROPERTY
All of the property that I own at my death, or which shall become payable to my estate or my personal representatives, and any property that I have the power to dispose of under my Will shall be distributed to the Trustee of the ! ! to be administered and distributed as provided under that Trust.
POW03
Executor
! Executor Section (3 of 6)
ARTICLE !
NOMINATION OF !
! [Sole executor option]
I nominate !, of !, !, as the !,
! with bond.
! without bond.
! If such person or entity does not serve for any reason, I nominate !, of !, !, to be the !,
! with bond.
! without bond.
! [Co-executor option]
I nominate !, of !, !, and !, of !, !, as Co-!,
! with bond.
! without bond.
If one of the above nominees does not serve for any reason,
! the remaining nominee shall serve as sole !
! with bond.
! without bond.
! I nominate !, of !, !, as Co-!,
! with bond.
! without bond.
Enter either the term "Executor" or "Personal Representative". The decision as to which term to use is primarily personal. The hints will use the more familiar term "Executor".
Enter an X to choose a Sole Executor (rather than Co-Executors). Press [Ctrl+F1] for more information.
Enter the Executor's name or use the P.I. Manager to select and paste a record.
Enter the Executor's city or edit the information as desired.
Enter the Executor's state/province or edit the information as desired.
Enter an X if the Executor shall serve with bond. The purpose of a bond is to protect the estate if the Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the Executor shall serve without bond. Most persons do not require that the Executor be bonded, particularly if the Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X to choose an Alternate Executor. It is advisable to select an alternate in case the first choice is unable to serve.
Enter the Alternate Executor's name or use the P.I. Manager to select and paste a record.
Enter the Alternate Executor's city or edit the information as desired.
Enter the Alternate Executor's state/province or edit the information as desired.
Enter an X if the Alternate Executor shall serve with bond. The purpose of a bond is to protect the estate if the Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the Alternate Executor shall serve without bond. Most persons do not require that the Executor be bonded, particularly if the Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X to choose Co-Executors (rather than a Sole Executor). Some states require (or at least prefer) that at least one Executor be a resident of that state. Choosing Co-Executors may allow the Willmaker to include a person who is not a resident. Press [Ctrl+F1] for more information.
Enter the first Co-Executor's name or use the P.I. Manager to select and paste a record.
Enter the Co-Executor's city or edit the information as desired.
Enter the Co-Executor's state/province or edit the information as desired.
Enter the second Co-Executor's name or use the P.I. Manager to select and paste a record.
Enter the second Co-Executor's city or edit the information as desired.
Enter the second Co-Executor's state/province or edit the information as desired.
Enter an X if the Co-Executors shall serve with bond. The purpose of a bond is to protect the estate if the Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the Co-Executors shall serve without bond. Most persons do not require that the Executor be bonded, particularly if the Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X if a Co-Executor shall serve as Sole Executor if the other Co-Executor does not serve for any reason.
Enter an X if the remaining Co-Executor shall serve with bond. The purpose of a bond is to protect the estate if the Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the remaining Executor shall serve without bond. Most persons do not require that the Executor be bonded, particularly if the Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
Enter an X to choose an Alternate Co-Executor, who will serve as a replacement Executor if one of the Co-Executors is unable to serve.
Enter the Alternate Co-Executor's name or use the P.I. Manager to select and paste a record.
Enter the Alternate Co-Executor's city or edit the information as desired.
Enter the Alternate Co-Executor's state/province or edit the information as desired.
Enter an X if the Alternate Co-Executor shall serve with bond. The purpose of a bond is to protect the estate if the Executor misappropriates the estate assets. A bond is often not necessary if a bank is chosen as the Executor. As bonds are expensive, you may wish not to require one.
Enter an X if the Alternate Co-Executor shall serve without bond. Most persons do not require that the Executor be bonded, particularly if the Executor is a bank. You may wish to check with an attorney regarding the usual practice in your state and the risks of not requiring a bond.
EXECUTOR
Executor
Personal Representative
POW04
! Optional Guardian Section
ARTICLE !
NOMINATION OF GUARDIAN
! [optional first phrase] If my spouse fails to survive me,
! [Sole guardian option]
I nominate !, of !, !, to serve as the Guardian of my surviving children who are minors at the time of my death.
! If such person is unable to serve as Guardian, I nominate !, of !, !, to serve as the Guardian.
! [Co-guardian option]
I nominate !, of !, !, and !, of !, !, to serve as Co-guardians of my surviving children who are minors at the time of my death. If the above nominees are unable to serve as Guardians together,
! I nominate !, of !, !, to serve as the sole Guardian.
! I nominate !, of !, !, and !, of !, !, to serve as Co-guardians.
Enter an X to include a section which provides for the selection of a Guardian, a person who will have custody of the Willmaker's minor children if a natural guardian or parent is not available. NOTE: The nomination of a Guardian will not have priority over the custody rights of a parent.
Enter an X if the Willmaker's spouse is the child(ren)'s current parent or legal guardian. Since a spouse who is a parent or legal guardian will normally retain guardian rights upon the death of the Willmaker, the nomination of a Guardian is only necessary if the spouse predeceases the Willmaker.
Enter an X to choose a Sole Guardian (rather than Co-Guardians).
Enter the Guardian's name or use the P.I. Manager to select and paste a record.
Enter the Guardian's city or edit the information as desired.
Enter the Guardian's state/province or edit the information as desired.
Enter an X to choose an Alternate Guardian. It is advisable to select an alternate in case the first choice is unable to serve.
Enter the Alternate Guardian's name or use the P.I. Manager to select and paste a record.
Enter the Alternate Guardian's city or edit the information as desired.
Enter the Alternate Guardian's state/province or edit the information as desired.
Enter an X to choose Co-Guardians (rather than a Sole Guardian).
Enter the first Co-Guardian's name or use the P.I. Manager to select and paste a record.
Enter the Co-Guardian's city or edit the information as desired.
Enter the Co-Guardian's state/province or edit the information as desired.
Enter the second Co-Guardian's name or use the P.I. Manager to select and paste a record.
Enter the second Co-Guardian's city or edit the information as desired.
Enter the second Co-Guardian's state/province or edit the information as desired.
Enter an X if one person will serve as Sole Guardian, if one or both of the Co-Guardians are unable to serve.
Enter the replacement Guardian's name or use the P.I. Manager to select and paste a record.
Enter the Alternate Co-Guardian's city or edit the information as desired.
Enter the Alternate Co-Guardian's state/province or edit the information as desired.
Enter an X to select Alternate Co-Guardians who will serve as replacement Co-Guardians, if one or both of the Co-Guardians are unable to serve.
Enter the Alternate Co-Guardian's name or use the P.I. Manager to select and paste a record.
Enter the second Alternate Co-Guardian's name or use the P.I. Manager to select and paste a record.
POW05
! Executor Powers (5 of 6)
ARTICLE !
! POWERS
My !, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of court and without notice to anyone.
EXECUTOR
Executor
Personal Representative
POW06
! Signature Section (6 of 6) - Willmaker
[This Pour Over Will is being signed in the state of !]
IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of _________________, 19___.
signing on behalf of !, in the presence of !, and at the express direction of !.
Enter the Willmaker's state/province or edit the information as desired.
If the Willmaker is physically unable to sign the Will, he or she may request that someone sign on his or her behalf. Enter an X if someone else will sign on behalf of the Willmaker. If you have any questions about someone signing for the Willmaker, a lawyer should be contacted.
If known, enter the name of the person who will sign the Will on behalf of the Willmaker or use the P.I. Manager to select and paste a record. If the name is not known, it can be added when the document is signed.
California
POW07
! Continuation of Signature Section (6 of 6) - Witnesses
We, the undersigned, hereby certify that the above instrument, which consists of ! pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by ! (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names and addresses as witnesses on the date shown above.
If known, enter the number of pages in the Will (for example, "8", or "eight"). The number of pages should include the page on which the witness signature lines appear, but not the page with the affidavit. This field may be left blank and be completed when the Will is signed.
Enter the FIRST witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed. Three witnesses are recommended, even though many states only require two.
Enter the witness' street address or edit the information as desired.
Enter the witness' extended street address or edit the information as desired.
Enter the witness' city or edit the information as desired.
Enter the witness' state/province or edit the information as desired.
Enter the witness' zip/postal code or edit the information as desired.
Enter an X to include the witness' country, if outside the United States.
Enter the country or edit the information as desired.
Enter the SECOND witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the name of a third witness. Three witnesses are recommended, even though only two are required. The signature of a third witness provides some protection in case one of the witness signatures is declared invalid for some reason. Press [Ctrl+F1] for more information.
Enter the name of the THIRD witness or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the witness' country if outside the United States.
POW08
! Continuation of Signature Section (6 of 6) - Affidavit
[This self-proving affidavit is not required for California wills. For further explanation, access Document Information.]
AFFIDAVIT
STATE OF __________________________
COUNTY OF _________________________
Before me, the undersigned, on this day personally appeared !,
! and
! and !,
known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument. All of these persons were first duly sworn by me. !, the Testator, declared to me and to the witnesses, in my presence, that the foregoing instrument is the Testator's Will and that the Testator willingly signed and executed such instrument (or expressly directed another person to sign the instrument for the Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary act for the purposes expressed in the instrument. Each of the witnesses declared in the presence and hearing of the Testator that the foregoing instrument was executed and acknowledged by the Testator as the Testator's Will in their presence and that they, in the Testator's presence, hearing and sight and at the Testator's request, and in the presence of each other, did subscribe their names to the instrument as attesting witnesses on the date of the instrument. The Testator, at the time of the execution of such instrument, was of full age, of sound mind, and the witnesses were sixteen years of age or older and otherwise competent to be witnesses.
Subscribed, sworn to and acknowledged before me by !, the Testator; and subscribed and sworn before me by !
! and
! and !,
witnesses, this ____ day of ____________________, 19____.
___________________________________________
Notary Public, or other officer authorized to take and
certify acknowledgements and administer oaths
POW09
! Continuation of Signature Section (6 of 6) - Witnesses
PROOF OF WILL
On the date written below, ! declared to us, the undersigned, that this instrument, consisting of ! pages, including the page signed by us as witnesses, was his/her Will and requested us to act as witnesses to it. He/She thereupon signed this Will in our presence, all of us being present at the same time. We now, at his/her request, and in his/her presence and in the presence of each other, subscribe our names as witnesses.
We are acquainted with !. At this time he/she is over the age of 18 years, and to the best of our knowledge, he/she is of sound mind and is not acting under duress, menace, fraud, misrepresentation, or undue influence.
Each of us is now more than 18 years of age and a competent witness and resides at the address set forth after this name.
We declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.
Executed on __________________, 19____ at _________________________________.
If known, enter the number of pages in the Will (for example, "8", or "eight"). The number of pages should include the page on which the witness signature lines appear, but not the page with the affidavit. This field may be left blank and be completed when the Will is signed.
Enter the FIRST witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed. Three witnesses are recommended, even though many states only require two.
Enter the witness' street address or edit the information as desired.
Enter the witness' extended street address or edit the information as desired.
Enter the witness' city or edit the information as desired.
Enter the witness' state/province or edit the information as desired.
Enter the witness' zip/postal code or edit the information as desired.
Enter an X to include the witness' country, if outside the United States.
Enter the country or edit the information as desired.
Enter the SECOND witness' name or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the name of a third witness. Three witnesses are recommended, even though only two are required. The signature of a third witness provides some protection in case one of the witness signatures is declared invalid for some reason. Press [Ctrl+F1] for more information.
Enter the name of the THIRD witness or use the P.I. Manager to select and paste a record. The following information regarding the name and address of the witness may be left blank and be completed when the document is signed.
Enter an X to include the witness' country if outside the United States.
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