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California Statutory Will
California Probate Code, Section 6240
INSTRUCTIONS
1. READ THE WILL. Read the whole Will first. If you do not understand something, ask a lawyer
to explain it to you.
2. FILL IN THE BLANKS. Fill in the blanks. Follow the instructions and the form carefully. Do Not
Add Any Words to the Will (except for Filling in the Blanks) or Cross at Any Words.
3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT. Date and sign the will and
have to witnesses sign it. You and the witnesses should read and follow the Notice to
Witnesses found the end of this will.
CALIFORNIA STATUTORY WILL OF
1. Will. This is my Will. I revoke all prior Wills and codicils.
2. Specific Gift of Personal Residence. (Optional-use only if you want to give your personal residence
to a different person or persons than you give the balance of your assets to under paragraph 5
below.) I give my interest in my principal personal residence at the time of my death (subject to
mortgages and liens) as follows:
(Select one choice only and sign in the box after your choice.)
a. Cho i ce O n e: All to my s pou s e or dome s tic
partner, reg i stered wi t h the Califor n ia Secretary of
State, if my sp o use or d o mestic part ne r, reg i ster e d
with the California S e cret a ry of State, survives me;
otherwise to my desce n dants (my ch i ldren a nd the
desc e nd a nts of my childr e n) w h o s u rvive me.
b. Cho i ce Two: Nothing to my spouse or domestic
partner, registered with the California Secretary of
State; all to my descendents (my children and the
descendents of my children) who survive me.
c. Cho i ce Three: All to the following person if he or
she survives me (Insert the name of the person.):
CALIFORNIA STATUTORY WILL Page 1 of 6
d. Cho i ce Four: Equally among the following
persons who survive me (Insert the names of two
or more persons.):
3. Specific Gift of Automobiles, Household and Personal Effects. (Optional-use only if you want to give
automobiles and household and personal effects to a different person or persons than you give the
balance of your assets to under paragraph 5 below.) I give all of my automobiles (subject to loans),
furniture, furnishings, household items, clothing, jewelry, and other tangible articles of a personal nature
at the time of my death as follows:
(Select one choice only and sign in the box after your choice.)
a. Cho i ce O n e: All to my s pou s e or dome s tic
partner, reg i stered wi t h the Califor n ia Secretary of
State, if my sp o use or d o mestic part ne r, reg i ster e d
with the California S e cret a ry of State, survives me;
otherwise to my desce n dants (my ch i ldren a nd the
desc e nd a nts of my childr e n) w h o s u rvive me.
b. Cho i ce Two: Nothing to my spouse or domestic
partner, registered with the California Secretary of
State; all to my descendents (my children and the
descendents of my children) who survive me.
c. Cho i ce Three: All to the following person if he or
she survives me (Insert the name of the person.):
d. Cho i ce Four: Equally among the following
persons who survive me (Insert the names of two
or more persons.):
CALIFORNIA STATUTORY WILL Page 2 of 6
4. Specific Gifts of Cash. (Optional) I make the following cash gifts to the persons named below who
survive me, or to the named charity, and I sign my name in the box after each gift. If I do not sign in the
box, I do not make a gift. (Sign in the box after each gift you make.)
Name of Person or Charity to receive gift (name
one only – please print) Amount of Cash Gift:
Sign your name and this box to make this gift
Name of Person or Charity to receive gift (name
one only – please print) Amount of Cash Gift:
Sign your name and this box to make this gift
Name of Person or Charity to receive gift (name
one only – please print) Amount of Cash Gift:
Sign your name and this box to make this gift
Name of Person or Charity to receive gift (name
one only – please print) Amount of Cash Gift:
Sign your name and this box to make this gift
Name of Person or Charity to receive gift (name
one only – please print) Amount of Cash Gift:
Sign your name and this box to make this gift
Name of Person or Charity to receive gift (name
one only – please print) Amount of Cash Gift:
Sign your name and this box to make this gift
5. Balance of My Assets. Except for the specific gifts made in paragraphs 2, 3 and 4 above, I give the
balance of my assets as follows:
(Select one choice only and sign in the box after your choice. If I sign in more than one box or if I do
not sign in any box, the court would distribute my assets as if I did not make a will.)
a. Cho i ce O n e: All to my s pou s e or dome s tic
partner, reg i stered wi t h the Califor n ia Secretary of
State, if my sp o use or d o mestic part ne r, reg i ster e d
with the California S e cret a ry of State, survives me;
otherwise to my desce n dants (my ch i ldren a nd the
desc e nd a nts of my childr e n) w h o s u rvive me.
b. Cho i ce Two: Nothing to my spouse or domestic
partner, registered with the California Secretary of
CALIFORNIA STATUTORY WILL Page 3 of 6
State; all to my descendents (my children and the
descendents of my children) who survive me.
c. Cho i ce Three: All to the following person if he or
she survives me (Insert the name of the person.):
d. Cho i ce Four: Equally among the following
persons who survive me (Insert the names of two
or more persons.):
6. Guardian of the Child's Person. If I have a child under age 18 and the child does not have a living
parent at my death, I nominate the individual named below as First Choice as guardian of the person of
that child (to raise the child). If the First Choice does not serve, then I nominate the Second Choice,
and then the Third Choice, to serve. Only an individual (not a bank or trust company) may serve.
Name of First Choice for Guardian of the Person
Name of Second Choice for Guardian of the Person
Name of Third Choice for Guardian of the Person
7. Special Provision for Property of Persons Under Age 25. (Optional-unless you use this paragraph,
assets that go to a child or other person who is under age 18 may be given to the parent of the person,
or to the Guardian named in paragraph 6 above as Guardian of the person until age 18, and the court
will require a bond, and assets that go to a child or other person who is age 18 or older will be given
outright to the person. By using this paragraph you may provide that a custodian will hold the assets for
the person until the person reaches any age from 18 to 25 which you choose.) If a beneficiary of this
Will is under the age chosen below, I nominate the individual or bank or trust company name below as
First Choice as custodian of the property. If the First Choice does not serve, then I nominate the
Second Choice, and then the Third Choice, to serve.
CALIFORNIA STATUTORY WILL Page 4 of 6
Name of First Choice for Custodian of Assets
Name of Second Choice for Custodian of Assets
Name of Third Choice for Custodian of Assets
Insert any age from 18 25 as the age for the person to receive the property: (if you do not choose an
age, age 18 will apply.)
8. Executor. I nominate individual or bank or trust company named below as First Choice as executor. If
the First Choice does not serve, then I nominate the Second Choice, and then the Third Choice, to
serve.
Name of First Choice for Executor
Name of Second Choice for Executor
Name of Third Choice for Executor
9. Bond. My signature in this box means a bond is not required for any person named as executor. A
bond may be required if I do not sign in this box:
No bond shall be required.
( Notice: You must sign this Will in the presence of two (2) adult witnesses. The witnesses must sign
their names in your presence and in each other's presence. You must first read to them the following
sentence.)
This is my Will: I asked the persons who sign below to be my witnesses.
Signed on at , California.
(date) (city)
CALIFORNIA STATUTORY WILL Page 5 of 6
Signature of Maker of Will
( Notice to Witnesses: Two (2) adults must sign as witnesses. Each witness must read the following
clause before signing. The witnesses should not receive assets under this Will.)
Each of us declares under penalty of perjury under the laws of the State of California that the following
is true and correct:
a. On the date written below the maker of this Will declared to us that this instrument was the
maker’s Will and requested us to act as witnesses to it;
b. We understand this is the maker’s Will;
c. The maker signed this Will in our presence, all of us being present at the same time;
d. We now, at the maker’s request, and in the maker’s and each other's presence, sign below
as witnesses;
e. We believe the maker is of sound mind and memory;
f. We believe that this Will was not procured by duress, menace, fraud or undue influence;
g. The maker is age 18 or older; and
h. Each of us is now age 18 or older, is a competent witness, and resides at the address set
forth after his or her name.
Dated: , 20
Signature of witness Signature of witness
Print Name Print Name
Residence address: Residence Address:
AT LEAST TWO WITNESSES MUST SIGN
NOTARIZATION ALONE IS NOT SUFFICENT
CALIFORNIA STATUTORY WILL Page 6 of 6
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FAQs
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