Last Will and Testament (Simple)
Simple will template — appoints executor, names beneficiaries, distributes property at death.
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LAST WILL AND TESTAMENT OF JANE MARIE DOE I, Jane Marie Doe, of 123 Main St, San Francisco, CA 94103, being of sound mind and not acting under duress or undue influence, do hereby make, publish, and declare this to be my Last Will and Testament. I revoke all wills and codicils previously made by me. ARTICLE I — IDENTIFICATION I am married. My spouse is John Robert Doe. I have the following child(ren): Alice Doe, Benjamin Doe. ARTICLE II — DEBTS AND EXPENSES I direct my Executor to pay all of my legally enforceable debts, funeral expenses, and the costs of administering my estate as soon as practical after my death. ARTICLE III — APPOINTMENT OF EXECUTOR I appoint John Robert Doe as Executor of this Will. If John Robert Doe is unable or unwilling to serve, I appoint Sister Mary Smith as alternate Executor. My Executor shall serve without bond. ARTICLE IV — GUARDIAN OF MINOR CHILDREN If at the time of my death any of my children are minors and there is no surviving parent willing and able to serve as guardian, I appoint Sister Mary Smith as guardian of the person and estate of my minor children. My Guardian shall serve without bond. ARTICLE V — SPECIFIC GIFTS I leave my grandmother's pearl necklace to my daughter Alice Doe. I leave my collection of vintage watches to my son Benjamin Doe. ARTICLE VI — RESIDUARY ESTATE I leave the entire residue of my estate to my spouse, John Robert Doe. If my spouse does not survive me by 30 days, I leave my estate equally to my children, per stirpes. ARTICLE VII — SURVIVAL For purposes of this Will, a beneficiary must survive me by 30 days to take any gift under this Will. ARTICLE VIII — GOVERNING LAW This Will is governed by the laws of the State of California. IN WITNESS WHEREOF, I, Jane Marie Doe, sign my name to this Last Will and Testament on this August 4, 2026. _____________________________ Jane Marie Doe, Testator ATTESTATION OF WITNESSES: The foregoing instrument was on the date thereof signed by Jane Marie Doe as their Last Will and Testament in our presence; and we, at the Testator's request and in their presence and in the presence of each other, have subscribed our names as witnesses, believing the Testator to be of sound mind and over the age of 18. Witness 1: _____________________________ Address: _________________________________ Witness 2: _____________________________ Address: _________________________________
About this template
A simple will is suitable for most adults whose estates are straightforward — a primary home, retirement accounts, life insurance, and personal property — and where you intend to leave everything to your spouse or split equally among children. It will not work well for blended families, anyone with a special-needs child, business owners with succession concerns, or estates large enough to face federal estate tax (currently >$13.6M per individual). The most-overlooked element is **proper execution**: nearly every state requires the will to be signed in the presence of two adult witnesses who are not beneficiaries, and many states (California, Florida, Texas, etc.) allow a "self-proving affidavit" notarized at the same time, which removes the need for witnesses to testify in probate. Keep the original signed will somewhere accessible — many a perfectly valid will has been lost in safe deposit boxes the family couldn't open after death.
When to use it
- Any adult with assets, especially after a major life event (marriage, child, home purchase, divorce).
- When you want to specifically name a guardian for minor children — by far the most important reason to have a will if you have kids.
- Estates under ~$1M with straightforward distribution.
- As a backstop alongside beneficiary designations on retirement / life insurance accounts.
What to include
- Clear identification of yourself, spouse, and children.
- Named Executor + alternate.
- Guardian for any minor children + alternate.
- Plan for residuary estate — what's left after specific gifts.
- Survival clause (typically 30 days) to handle simultaneous deaths.
- Two adult witnesses (not beneficiaries) + notary if your state offers self-proving affidavit.
Frequently asked
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