Probate Will
I, [Your Name], residing at [Your Address], being of sound mind and not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document as my last will, hereby revoking all prior wills and codicils previously made by me.
I. Declaration
I declare that I am legally married to [Spouse's Name], and all references in this Will to my spouse are to said person. If I am not married at the time of my death, the provisions in my Will about my spouse shall be deemed null and void.
I have the following children: [List of Children's Names]. All references in this Will to my children include all current and any future children unless stated otherwise.
II. Executor
I hereby appoint [Name of Executor] as the Executor of this will. If [Name of Executor] is unable or unwilling to serve, then I appoint [Alternate Executor's Name] as the alternate Executor. My Executor shall have all powers and discretion permissible under the laws of the state of [Your State] to effectuate this Will.
III. Distribution of Assets
I distribute my estate in the following manner:
A. Specific Bequests:
B. Residuary Estate:
All remaining tangible personal property that has not been specifically bequeathed shall be distributed to [Name of Individual or Charity]. Should the above-named beneficiary predecease me, the disposition of property, unless otherwise specified, shall be equally distributed amongst my surviving children.
IV. Guardian for Minor Children
If at the time of my death, any of my children are under the age of 18, I appoint [Guardian's Name] as the guardian of my minor children. If [Guardian's Name] is unable or unwilling to serve, I appoint [Alternate Guardian's Name] as the alternate guardian.
V. Debts and Taxes
My Executor shall pay all of my just debts, funeral expenses, and expenses of last illness out of my estate as soon after my death as practicable. Taxes due concerning my estate and any gifts or transfers shall also be paid by my Executor.
VI. General Provisions
All parts of this Will are meant to be construed as a whole and consistently where possible. If any part of this Will is deemed unenforceable, it shall not affect the enforceability of any other provisions herein.
IN WITNESS WHEREOF, I, [Your Name], have hereunto subscribed my name this [Date].
[Your Name]
VII. Witnesses
We, the undersigned, declare that [Your Name] declares this instrument to be their last will, and as witnesses, we sign here at the request of [Your Name] and in the presence of each other:
Witness 1
[Witness 1 Name]
[Witness 1 Address]
Witness 2
[Witness 2 Name]
[Witness 2 Address]
VIII. Notary
On this [Date], before me, [Notary's Name], a notary public in and for the said state, personally appeared [Your Name], known to me to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public: [Notary's Name]
My Commission Expires: [Expiration Date]
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