Community property—Will disposing of separate and community property.

Will of _________

I, _________, of _________[address], _________ County, _________[state], declare this to be my last will, and I revoke all prior wills which I have made.

I.

I direct my executor to pay my just debts, the expenses of my last illness, if any, and all funeral expenses as soon after my death as is convenient.

II.

I declare that I am married, and that my _________[wife's or husband's] name is _________.

III.

1. I declare that I have _________[number] living children whose names and addresses are: _________.

2. I declare that I have had _________[number] children, _________[names], who have died leaving surviving the following children: _________[Insert names of deceased parents and names and addresses of surviving children.].

IV.

It is my intention by this will to dispose of my separate property and my one-half interest in the community property of myself and my _________[wife or husband], _________[name].

or

It is my intention by this will to dispose of my separate property, my quasi-community property, if any, and my one-half interest in the community property of myself and my _________[wife or husband], _________[name].

V.

I give to my _________[wife or husband], _________, if _________[she or he] survives me, any interest I may have in _________[describe property]. If my _________[wife or husband] does not survive me, then I give all of the described property to my children, _________[names], or to the survivor of them. If neither of my children shall survive to receive distribution of the described property, then the property shall become a part of the residue of my estate.

VI.

I give, devise, and bequeath:

1. To _________[name], the following-described real property: _________.

2. To _________[name], the following-described personal property: _________.

3. To _________[name], the sum of $_____.

4. To _________[name], _________[specify other gifts].

5. If any one or more of the devisees or legatees above-mentioned predecease me or die prior to distribution to them of their respective gifts, the gifts shall lapse and become a part of the residue of my estate.

VII.

All of the rest, residue, and remainder of my estate of every kind or nature and wherever situated, and including separate property and my interest in the community property of myself and my _________[wife or husband], _________[name], I give, devise, and bequeath to _________, _________[if the residuary estate is given in trust, add: in trust for the following uses and purposes].

VIII.

I have, except as otherwise provided in this will, intentionally and with full knowledge, omitted to provide for my heirs who may be living at the time of my death, including any person or persons who may, after the date of this will, become my heir or heirs by reason of marriage or otherwise.

IX.

Should any part, clause, provision, or condition of this will be held to be void, invalid, or inoperative, then I direct that the invalidity shall not affect any other clause, provision, or condition of this will, but the remainder of this will shall be effective as though the void clause, provision, or condition had not been contained in the will.

X.

I direct that every gift, bequest, and interest given under this will be delivered to the devisee or legatee free from all estate and inheritance taxes, and that such taxes be paid out of the residue of my estate.

XI.

I nominate and appoint _________, of _________[address], _________ County, _________[state], as the executor of this will, to serve as the executor without bond.

XII.

I authorize my executor to sell, lease, or mortgage the whole or any part of my estate at either public or private sale, with or without notice but subject to such confirmation as may be provided by law. My executor may, at the executor's option, and in the executor's sole discretion, continue to hold, manage, and operate any property, business, or enterprise that I may hold and own at the time of my death, the profits or losses, if any, therefrom to inure or be chargeable respectively to my estate and not to my executor.

XIII.

I appoint _________, of _________[address], _________ County, _________[state], as the guardian of the person and estate of any child of mine who at the time of my death is a minor.

I subscribe my name to this will on _________[date], at _________[address], _________ County, _________[state], in the presence of _________, _________, and _________, attesting witnesses, who subscribe their names to this will on _________[date] at my request and in my presence.

[Signature]

Attestation Clause

On the date last above written, _________[testator's name], known to us to be the person whose signature appears at the end of this will, declared to us, the undersigned, that the foregoing instrument, consisting of _________ pages, including the page on which we have signed as witnesses, was _________[his or her] will. _________[He or She] then signed the will in our presence and, at _________[his or her] request, in _________[his or her] presence and in the presence of each other, we now sign our names as witnesses.

_________[Signature],	residing at	_________[Street, city, state]
_________[Signature],	residing at	_________[Street, city, state]
_________[Signature],	residing at	_________[Street, city, state]