Free Last Will and Testament for Married Persons with No Children

LAST WILL AND TESTAMENT OF
_________________________

I, ___________, a resident of and domiciled in the State of ____________, being of sound mind, do make, publish and declare this to be my Last Will and Testament, revoking all Wills and codicils at any time heretofore made by me.

ARTICLE I.  ESTATE ADMINISTRATION AND EXPENSES

I direct that the expenses of my last illness and funeral, expenses incurred in the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this Will, and any interest or penalties thereon, shall be paid out of all my property, apportioned as to the devisee's interest in all property passing as a result of my death, whether or not passing under this Will.

ARTICLE II.  FAMILY INFORMATION

I am married as of ______________. My spouse’s name is, ______________________________

As of the date of this Will, I have no children

ARTICLE III.  TANGIBLE PERSONAL PROPERTY

My Personal Representative shall sell all tangible personal property owned by me at the time of my death and add the proceeds of the sales to my estate generally.

ARTICLE IV.  REAL PROPERTY

All real estate owned by me at the time of my death should pass to my spouse.

ARTICLE V.  CASH

I give all my cash to my spouse If my spouse does not survive me, then this money should pass to my residuary estate and should be disposed of in accordance with the terms governing disposition of my residuary estate.

ARTICLE VI.  INTANGIBLE PERSONAL PROPERTY


All intangible personal property owned by me at the time of my death, that is not otherwise disposed of under this Article, should pass to my spouse.  If my spouse does not survive after me, then it shall past to my residuary estate and should be disposed of in accordance with the terms governing my residuary estate.
ARTICLE VII.  CANCELLATION OF INDEBTEDNESS


Any debt owed to me, but not specifically cancelled under this Article, shall remain owing to and enforceable by my estate.

ARTICLE VIII.  PERSONAL REPRESENTATIVE

I appoint my spouse to be my Personal Representative. If spouse shall fail to qualify for any reason as my Personal Representative, or having qualified shall die, resign or cease to act for any reason, I appoint my ______________ as my Personal Representative.  I direct that no Personal Representative shall be required to file or furnish any bond, surety or other security in any jurisdiction.

ARTICLE IX.  EXECUTOR'S POWERS


I grant to my Personal Representative all powers conferred on Executors under the Probate Code or any successor thereto, and all powers conferred upon Personal Representatives and Executors wherever my Personal Representative may act.

IN WITNESS WHEREOF, I, _____________, sign, seal, publish and declare this instrument as my Last Will and Testament this ____________________ day of ____________________, 20____.

________________________________________
Testator and Date

________________________________________
Witness and Date

Residing at: ________________________________________

________________________________________
Witness and Date

Residing at: ________________________________________