Beginning Information

This will form is for a married person with no children. It is written with the assumption that you will leave the bulk of your estate to your spouse, and that you will name your spouse as the executor of your estate.

The form also allows you to name alternate beneficiaries and an alternate executor should your spouse predecease you or not survive you by more than sixty days. Each spouse should complete and sign a separate will form. A sample of this will is included for your convenience.

Appropriateness of Form; Unusual Situations

This will form is appropriate if you are eighteen years of age or older, of sound mind, and your estate is small enough not to be subject to state or federal death taxes.

If you have significant assets; have a business you wish to pass on to the next generation; wish to disinherit your spouse; are under eighteen years of age; cannot read, sign your name, or see; have a mental disability, have been determined to be incapacitated, or have a conservator or guardian; or have a domestic partner or gay marriage, then this will form may not be appropriate for you, and you should consult an estate planning attorney in your state for specific legal advice pertaining to your circumstances.

Statutory Protection of the Spouse

The majority of states have enacted laws that protect a spouse from total disinheritance. These laws vary from state to state. For instance, in community property states, the spouse is automatically entitled to half of the assets acquired during the marriage.

In other states, spouses who are disinherited can receive one fourth to one half of the testator’s estate if they contest the will in court. You should consult the laws of your state to determine how a spouse might be protected from disinheritance. As stated above, if you wish to disinherit your spouse, you should seek legal advice.

The Effect of Divorce In the majority of states, divorce revokes any bequest made to a spouse or the family member of a spouse in a will executed before the parties were granted a divorce.

This means property left to a spouse or the family member of a spouse would pass to the alternate beneficiary or into the residue of the estate if the testator did not change his or her will prior to their death. Whether you wish to change the beneficiaries or not, it is good practice to execute a new will following a divorce.

Family Information

I have the following spouse, and all references to “spouse” or “husband/wife” in this Will refer to my spouse :

Appointment of Executor

The executor can be a beneficiary. The executor will serve without bond and will have the authority to carry out the provisions of my Will, including without limitation, the power to buy, sell, and maintain property; to pursue any claims or legal actions on behalf of my estate; and to pay my probate and funeral expenses prior to any distribution of property.

Specific Bequests - Distribution of Personal Property

I bequeath all of my personal property, both tangible and intangible, and all of my cash, to my spouse. In the event that my spouse fails to survive me, then I bequeath all, or the portion listed below, of my personal property, tangible and intangible, and cash to the following individuals(s) and charity(ies), as specified below:

Distribution of Real Property

Real property includes things like your home; improvements attached to the land, buildings, garages, fences and the land on which these fixtures lie.

I bequeath my title, rights, and interest in any real property, together with any related insurance policy and claims, to my spouse. In the event that my spouse fails to survive me then I bequeath all my title, rights, and interest in any real property, together with any related insurance policy and claims, to the following individual(s) and charity(ies):

Residuary Clause

In this section, you will select the person or persons who will take the residue of your estate. The residue of your estate is made up of anything that is not specifically devised in your will, or any specific devise that fails.

All of the rest, residue, and remainder of my property, both real and personal, and including without limitation any cash, stocks, bonds, mutual funds, together with any insurance claims and policies covering the same and the proceeds of any claim or legal action, not otherwise disposed of above, I bequeath to my spouse if he/she survives me; otherwise to the following individuals(s) and charity(ies), as specified below:

Simultaneous Death of A Beneficiary

The provision below is the default for this will, and you can change it so any beneficiary of this will does not need to survive you by 60 days. However, we suggest you consult with an attorney before you do, so you understand exactly how this may affect the distribution of your estate.

If any named beneficiary of this Will, including any beneficiary of a trust established by this Will, does not survive me, dies within sixty days of my death, or dies prior to the distribution of my estate, then I will be deemed to have survived that person, and no distribution will be made under this Will to such a beneficiary.

FINALIZING YOUR WILL

1. Determine who you will ask to witness your will and ask them to accompany you to sign the will in front of a notary public.

You should use three adults to witness the signing of your will. You should select witnesses who are different from the beneficiaries named in your will. 

The notary public does not count as a witness. Ask the notary public if there is an additional self-proving affidavit form you should use in your state.

Addendums for witness and notary signatures will be automatically added to your will when it is downloaded.

2. As a matter of formality, you should acknowledge to everyone present that the document everyone will be signing is your will. 

Then you and your witnesses should sign the will and the self-proving affidavit in the presence of each other and in the presence of the notary public. As the testator, be sure to sign the bottom of each page, as well as where indicated.

3. After it is signed and notarized, put your will in a safe place and consider letting your named executor and alternate executor know where it is. Destroy all unsigned and draft copies, as well as any prior wills or codicils. You are finished