Holographic Will Example: Married With Minor Children (California)

Last Will and Testament of Thomas Grant Whitfield 1. Declaration. I, Thomas Grant Whitfield, residing at 1180 North Allen Avenue, Pasadena, California, holder of California Driver License W7391064, born August 4, 1980, declare this to be my Last Will and Testament. Every material provision and my signature are written in my own hand as a holographic will under California Probate Code section 6111, which requires no witnesses and no notary. 2. Capacity. I am an adult of sound mind, acting freely and without undue influence, with testamentary capacity under Probate Code section 6100.5. 3. Revocation. I revoke all prior wills and codicils. 4. Family. I am married to Jennifer Nguyen Whitfield. We have two minor children, Ethan Whitfield and Sophie Whitfield. I make and provide for my spouse in this will so that she is not an omitted spouse under Probate Code section 21610, and I intend to provide for my children so none is an omitted child under section 21620. 5. Community property. California is a community property state. I understand I may dispose only of my one-half interest in our community property together with my separate property. I confirm that my wife already owns her one-half of the community property in her own right. 6. Gift to spouse. I give my entire one-half interest in our community property, including our home at 1180 North Allen Avenue, and all my separate property, to my wife, Jennifer Nguyen Whitfield. 7. Alternate beneficiaries. If my wife does not survive me by thirty days, I give my estate to my children, Ethan and Sophie, in equal shares, with each child's share held in trust until age twenty-five. 8. Guardian. If both my wife and I are deceased, I nominate my sister-in-law, Linda Nguyen Carter, as guardian of the person and estate of my minor children. 9. Personal representative. I appoint my wife, Jennifer Nguyen Whitfield, as executor, to serve without bond. If she cannot serve, I appoint my brother, David Whitfield. 10. Funeral wishes. I wish to be buried at Mountain View Cemetery in Altadena. Signed at Pasadena, California, on [date]. [signature: Thomas Grant Whitfield] Note: To be valid in California, both the signature and the material provisions must be in your own handwriting (Cal. Prob. Code sec. 6111). Dating the will is strongly advised.