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Self-Proving Will -- Feel Free to Cut and Paste - Thistle - 04-10-2009
below is a copy of the self-proving will i executed on myself. take the time to do one, you dont want your estate to go to probate, or into the hands of the government.
ymmv as to your state laws and the laws of countries other than the united states. i am under the belief, however, that self-proving wills will be upheld in almost all states.
and, as always, this is not legal advice and i am not your lawyer.
*******************************************************************************************************
LAST WILL AND TESTAMENT OF
MY NAME
I, MY NAME, a resident of Mycounty, Mystate, being of sound and disposing mind and memory and over the age of eighteen (18) years, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me.
FIRST: I am married to MY SPOUSE, hereinafter ââ¬Åspouse.ââ¬Â I have (2) children now living, namely MY KID I and MY KID II, hereinafter ââ¬Åchildren.ââ¬Â
SECOND: The term ââ¬Åestateââ¬Â as used in this Will includes all the property of which I may be seized or possessed or to which I may be entitled at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, included lapsed legacies and any property over which I may have a power of appointment.
THIRD: I give, devise and bequeath all of my estate to my spouse, absolutely and forever as her separate property.
FOURTH: In the event that my spouse predeceases me, or fails to survive me by thirty (30) days, then I give, devise and bequeath all the rest, residue, and remainder of my estate to my then living children, in equal shares, share and share alike.
FIFTH: I appoint MY SPOUSE as Executor of this my Last Will and Testament without bond or surety and provide if this Executor is unable or unwilling to serve then I appoint MY KID I and MY KID II as alternate joint Executors without bond or surety. My Executor(s) shall be authorized to carry out all provisions of this Will, and, at their absolute discretion, to sell, with or without notice (at public or private sale), exchange, convey, transfer, assign, mortgage, pledge, lease, or rent the whole or any part of my estate, and to perform all acts and to execute all documents which my Executor(s) may deem necessary, convenient or proper in regard to property, subject only to such confirmation of court as may be required by the applicable law.
SIXTH: Having served in the Armed Forces of the United States, I direct my Executor(s) to consult the Veteranââ¬â¢s Administration and Social Security Administration to ascertain if there are any benefits which inure to my estate or to which they may be entitled. Further, having retired from MY COMPANY, I also direct my Executor(s) to contact that home office to determine if any benefits are due and payable to my estate.
SEVENTH: The term "testator" as used in this Will is deemed to include me as Testator. The use of the masculine, feminine, or gender neutral herein shall be deemed to include all genders and the use of the singular and plural shall be deemed to include both tenses, unless the context indicates otherwise.
EIGHTH: My Executor(s) shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. I direct that no expert appraisal be made of my estate unless required by law.
NINTH: I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor(s).
Testator's Initials ____
NEW PAGE
IN WITNESS THEREOF, I have in Mycounty, Mystate, this ___ day of _________________,
2009, set my hand and seal before the undersigned witness to this my LAST WILL AND TESTAMENT consisting of (4) pages, upon each page of which I have placed my initials.
_______________________________________
MY NAME
MY ADDRESS
WITNESSES
The foregoing instrument, consisting of 2 pages, including this page, was signed in our presence by MY NAME and declared by her to be her last Will. We, at the request and in the presence of her and in the presence of each other, have subscribed our names below as witnesses. We declare that we are of sound mind and of the proper age to witness a will; that to the best of our knowledge the testator is of the age of majority, or is otherwise legally competent to make a will, and appears of sound mind and under no undue influence or constraint. Under penalty of perjury, we declare these statements are true and correct on this ________ day of ____________________, 20______ at _____________________________________________________________, State of Whereever.
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]
_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of Witness #3]
_______________________________________ [Address of Witness #3, Line 1]
_______________________________________ [Address of Witness #3, Line 2]
Testator's Initials ____
NEW PAGE
SELF-PROVING AFFIDAVIT
State of Whereever, County of Whateever
We, MY NAME, ___________________________________________________________________, and ___________________________________________________________________, the testator and the witnesses respectively, whose names are signed to the attached instrument in those capacities, personally appearing before the undersigned authority and first being duly sworn, do hereby declare to the undersigned authority under penalty of perjury that the testator declared, signed, and executed the instrument as her last will; she signed it willingly; she executed it as her free and voluntary act for the purposes therein expressed; and each of the witnesses, at the request of the testator, in her hearing and presence, and in the presence of each other, signed the will as witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence.
_______________________________________
MY NAME
MY ADDRESS
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]
_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of Witness #3]
_______________________________________ [Address of Witness #3, Line 1]
_______________________________________ [Address of Witness #3, Line 2]
Subscribed, sworn, and acknowledged before me, ______________________________________________________, a notary public, by MY NAME, the testator, and by ______________________________________________________, ______________________________________________________, and ______________________________________________________, the witnesses, this ______________ day of ___________________________, 20_____.
[NOTARIAL SEAL]
______________________________________________________
Notary Public's Signature
My Commission Expires: _________________________________
Testator's Initials ____
NEW PAGE
Most Recent Contact Information of Beneficiaries
Include names, addresses, and phone numbers her for the use of your executor.
I also included a list of all account numbers for all banks, investments, insurance companies, creditors, etc. as well as a list of friends I wanted to be contacted.