Executor's Will Document

Executor's Will Document

This Last Will and Testament is made this day of in the year by Testator Name: of and the person nominated to serve as Executor: Executor Name: of .

RECITALS

WHEREAS, Testator is of sound mind and memory and intends by this instrument to make a disposition of all property owned at death and to appoint an Executor to administer the estate;

WHEREAS, Testator desires to revoke all prior wills and codicils and to set forth dispositions of property, powers, and instructions for administration as set forth below;

WHEREAS, Testator nominates the Executor to act with the authority and duties hereinafter described and the Executor has been identified herein.

NOW, THEREFORE, in consideration of the foregoing, Testator declares the following as Testator's Last Will and Testament:

1. REVOCATION

Testator hereby revokes any and all prior wills and codicils made by Testator. Any prior testamentary instrument executed before the date set forth above is revoked in its entirety.

2. APPOINTMENT OF EXECUTOR

Testator appoints Executor Name: to serve as Executor of Testator's estate. If the named Executor is unable or unwilling to serve, Testator nominates Successor Executor: .

3. ACCEPTANCE

The Executor, by accepting appointment through signature below, accepts the duties of Executor and agrees to administer the estate in accordance with the terms of this Will and applicable law, including a duty to act in the best interests of the estate and beneficiaries and to account for estate administration.

4. PAYMENT OF DEBTS, TAXES, AND EXPENSES

The Executor shall pay all legally enforceable debts, funeral expenses, final medical expenses, and estate administration expenses from the assets of the estate. The Executor is authorized to determine the order of payment, to compromise debts, and to pay claims in whole or in part as the Executor deems reasonable.

5. SPECIFIC BEQUESTS

Bequest 1

Bequest 2

Additional Bequests (optional)

6. RESIDUARY ESTATE

I devise, bequeath and dispose of all the rest, residue and remainder of my estate, whether real, personal or mixed, and wherever located, to Residuary Beneficiary: and if the named beneficiary does not survive me, then to the alternate beneficiaries as set forth in writing or as determined under applicable intestacy statute.

7. POWERS OF EXECUTOR

The Executor shall have full authority to administer the estate without prior court approval to the maximum extent permitted by law, including but not limited to the power to:

• sell, lease, mortgage, or otherwise dispose of real and personal property at public or private sale;
• invest and reinvest estate funds, to retain property acquired from the estate, and to allocate receipts and disbursements between principal and income in accordance with applicable law;
• settle, compromise, or litigate claims in favor of or against the estate;
• employ attorneys, accountants, appraisers, and other professionals and to pay their reasonable compensation from estate assets;
• make distributions in cash or in kind and to value assets for distribution purposes using a reasonable method determined by the Executor.

The Executor shall be entitled to reasonable compensation and shall be indemnified and held harmless by the estate for acts taken in good faith and in the exercise of reasonable judgment.

8. GUARDIAN FOR MINOR CHILDREN

If at my death any of my children are under the age of eighteen (18) years, I nominate Guardian: of to have custody of such minor children. This nomination is subject to the court's approval and the best interests of the child.

9. NO-CONTEST CLAUSE

If any beneficiary, heir or person shall contest this Will or any of its provisions and such contest is not substantially justified, then in such event any share or interest in my estate given to that person under this Will shall be forfeited and shall become part of the residuary estate.

10. BOND

Unless otherwise ordered by a court of competent jurisdiction, the Executor shall serve without furnishing bond. If bond is required by law or court order, the Executor shall obtain such bond at estate expense.

11. ADMINISTRATIVE PROVISIONS

a) Notices. All notices required or permitted under this Will shall be effective if in writing and delivered personally or mailed to the last known address of the person entitled to notice.

b) Amendments. This Will may be amended or revoked by a written instrument executed with the same formalities as this Will.

12. GOVERNING LAW

This Will shall be governed by and construed in accordance with the laws of the state of jurisdiction applicable to the decedent's estate at death.

13. ENTIRE AGREEMENT

This instrument contains the entire disposition of Testator's estate and supersedes all prior wills and codicils.

14. SEVERABILITY

If any provision of this Will is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. COUNTERPARTS

This Will may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one and the same instrument. Electronic or facsimile signatures shall be given effect to the same extent as original signatures to the extent permitted by law.

16. WITNESSES

The undersigned witnesses attest that Testator declared this instrument to be Testator's Last Will and Testament and signed it in our presence, and that we, in the presence of the Testator and each other, have signed as witnesses.

EXECUTOR ACKNOWLEDGMENT

The undersigned Executor acknowledges the appointment and agrees to serve as Executor of the estate and to perform faithfully the duties of Executor under this Will.

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