Revoke your living trust in its entirety if your circumstances or wishes have changed with this easytouse onepage form.

File this form in your county's public record to make the revocation official
Notify your trustee and beneficiaries of the revocation

• Microsoft Windows 2000 Professional or Microsoft Windows XP Home or Professional
• Adobe Acrobat Reader 6.0 or higher
• Microsoft Word 2000 or higher
• Microsoft Excel 2000 or higher

Contains all the stepbystep instructions and materials needed to prepare your own living trust.

Living trusts are becoming more and more popular today because they allow you to protect your beneficiaries from the high costs of probate and reduce estate taxes as well. A living trust provides more protection than a will, ensures immediate transfer of your assets to your named beneficiaries and allows you full control of your property during your lifetime. With this comprehensive kit, you have the knowhow to set up your own living trust without incurring costly legal fees, allowing you and your beneficiaries to rest easy knowing your assets are protected now and for the future.

TOPICS COVERED IN THE INSTRUCTIONAL GUIDE

• what a living trust is
• specific advantages of a living trust
• what living trusts cannot do
• living trusts and your will
• living trusts and joint ownership
• living trusts and marital property rights
• selecting trustees for your living trust
• what property can be placed in a living trust
• managing your living trust
• how living trusts are taxed
• rights to the living trust property
• naming beneficiaries
• how to transfer assets to your trust
• recording the living trust
• revoking or changing the living trust

18 FORMS AND DOCUMENTS INCLUDED

• 4 living trust forms and filled out samples of each
• living trust form for married individual with children with trust for children
• living trust form for married individual with children but without trust for children
• living trust form for married individual without children
• living trust form for nonmarried individual
• revocable twoparty living trust
• revocable oneparty living trust
• assignment of property to trust
• schedule of beneficiaries and distributive shares
• schedule of assets
• amendment to trust
• revocation of trust
• certificate of trustees powers
• bill of sale
• affidavit of succession

All contents reviewed and approved by attorneys or industry experts.
System Requirements
All software products require a permanent registration code for full access.

• Software purchased online as Downloadable Software already comes with a permanent registration code.

Compatible with all PCs running Microsoft Windows 2000, Microsoft Windows XP Home or Professional plus Apple Macintosh systems running Microsoft Windows. Not compatible with Apple or MAC O/S.

This product also requires

• Adobe Acrobat Reader 6.0 or higher
• Microsoft Internet Explorer 6.0 or higher
• Microsoft Word 2000 or higher
• Microsoft Excel 2000 or higher
• Microsoft .NET Framework 1.1 Service Pack 1 SP1

This product is not intended to provide legal or financial advice or substitute for the advice of an attorney or advisor.

This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.

Can be used to give another person limited legal authority to handle specific financial transactions or property.

If youre concerned that health problems may prevent you from handling certain responsibilities such as paying bills, managing investments, supervising home repairs or running your business, use the Socrates Limited Power of Attorney form to give someone else the power to manage your finances and property if you become incapacitated. You can specify exactly what the designated persons authority will cover, including any of the following

• real estate and personal property transactions
• bonds and banking
• business operations
• gifts to charities
• insurance
• access to safe deposit boxes
• claims and litigation
• records, reports and statements

This uptodate form lets you be sure that future decisions are made correctly, without conservatorship proceedings, expensive court costs and stress for your family. Its easy to protect your assets and put your mind at ease with the Socrates Limited Power of Attorney. All contents reviewed and approved by attorneys.
System Requirements

• Adobe Acrobat Reader 6.0 or higher

This product is not intended to provide legal or financial advice or substitute for the advice of an attorney or advisor.

• Microsoft Windows 2000 Professional or Microsoft Windows XP Home or Professional
• Adobe Acrobat Reader 6.0 or higher
• Microsoft Word 2000 or higher
• Microsoft Excel 2000 or higher

This product is not intended to provide legal or financial advice or substitute for the advice of an attorney or advisor.

Statement of Wishes	< 1 > Insurance/Pension Data
< 1 > Will Form for Married Individual with Children with Trust for Children	< 1 > Schedule of Assets
< 1 > PourOver Will for Married Individual with Children For Use with Living Trust	< 1 > PourOver Will for Married Individual with No Children For Use with Living Trust
< 1 > Personal Information	< 1 > PourOver Will for NonMarried Individual For Use with Living Trust
< 1 > Funeral Requests	< 1 > Will Form for Married Individual with Children But Without Trust For Children
< 1 > Notification List	< 1 > Will Form for Married Individual with No Children
< 1 > Document Locator	< 1 > Will Form for NonMarried Individual

Ensure that your wishes about the disposition of your property are carried out after your death by leaving behind a formal Will that is used in conjunction with your living trust. This form is designed for a NonMarried Individual with children.

This form covers virtually everything likely to be included in any WillCustomize the Will to meet your specific requirements and needs

This form also details where each document may be found

This letter is used to inquire about general information on life insurance or to inquire into the ratings of specific life insurance companies.

If you are seeking ratings information about a specific life insurance company, this letter can be used to contact one of the following ratings companies

A. M. Best Company Ambest Road Oldwick, NJ 08858 9084392200 customerserviceambest.com

Duff and Phelps Credit Rating Co. Marketing Department 55 E. Monroe Street Chicago, IL 60603 3123683100 hotlinedcrco.com

Moody's Investors Service Marketing Department 99 Church Street New York, NY 10007 2125530300

Standard and Poor's Marketing Department 25 Broadway New York, NY 10004 2122081146 ratingsmcgrawhill.com

Weiss Ratings 4176 Burns Road Palm Beach Gardens, FL 33410 8002899222 wrweissinc.com

Ratings information provides some indication about the financial stability of insurance companies. This information is important to you as a consumer because financial stability provides some indication of whether the insurance company would have the ability to pay you if you made a claim under your insurance policy.

The purpose of this worksheet is to organize trustinformation and explain the procedures for carrying out the terms of a Living Trust and handling an estate of a person who has died a Decedent.
When someone dies referred to as a Decedent, the Decedent's surviving family members and/or friends need to gather up the Decedent's assets, pay any debts and expenses, and distribute the Decedent's remaining property to the proper beneficiaries. In many cases, tax issues will need to be addressed. Different procedures will be required, depending on the type of assets that the Decedent owned, the specific details of the Decedent's estate plan, and the circumstances that exist at the time of death.

Trust Administration Worksheet provides an outline of the general procedures that must be followed in handling an estate where the Decedent's primary estate planning document is the Decedent's Living Trust and possibly a supplemental document, a Pour Over Will. The initial portion of the Worksheet provides explanations and anticipates that the user will enter information as the interview leads you through a series of questions. The Worksheet can then be printed out to be used as a general guide. Additional information as it becomes available can be written onto the paper copy, you can update the worksheet, or you can export the worksheet to a word processor to customize the worksheet to better fit the user's particular circumstances.

This Worksheet helps to organize the Decedent's personal, legal, and financial information for the benefit of the persons who will be responsible for handling the trust estate, often a close family member and a lawyer. The family member is often appointed as the successor trustee of the Living Trust, and therefore, is responsible for carrying out the terms of the Living Trust that apply upon the Decedent's death.

This Worksheet recognizes that handling a trust estate requires an understanding of the trust and estate administration laws of the state where the trust estate will be handled. While the procedures of most states are similar to the procedures in other states, there can be important distinctions. Further, handling a trust estate requires an understanding of federal and state estate and inheritance tax laws and federal and state income tax laws. The process can be intimidating, almost always requiring the assistance of an attorney and/or tax professional. However, this Worksheet helps take some of the mystery out of the process and helps the user understand what will be expected.

The purpose of this checklist is to organize information and actions needed in administering the estate of a person who has died.
When someone dies referred to as a Decedent, the Decedent's surviving family members and/or friends need to gather up the Decedent's assets, pay any debts and expenses, and distribute the Decedent's remaining property to the proper beneficiaries. In many cases, tax issues will need to be addressed. Different procedures will be required, depending on the type of assets that the Decedent owned, the specific details of the Decedent's estate plan, and the circumstances that exist at the time of death.

The Survivor Checklist helps you organize the Decedent's personal, legal, and financial information for the benefit of the persons who will be responsible for handling the estate, often a close family member and a lawyer. The family member is often appointed as the Executor, Administrator, or Personal Representative in accordance with formal probate proceedings. This program uses the familiar term Executor.
This program assumes that the Decedent had a written will that might be admitted to probate so that the Decedent's wishes as stated in the will can be followed. It is not always necessary to use probate to accomplish the Decedent's estate plan, and an attorney can help you with that decision. The information gathered by using this Survivor Checklist is also helpful where the Decedent did not have a will. For example, if the Decedent used a living trust instead of a regular will to state his/her wishes, this checklist would also be helpful for that situation.

This document provides written instructions to transfer ownership of a stock or bond from a deceased person. A Stock Power document is prepared by the personal representative, executor, beneficiary or other person having authority to sell or transfer stocks and bonds on behalf of the deceased person's estate.
When a person dies owning corporate stock, the stock must either be sold or transferred to the beneficiaries who are entitled to it. The stock records of the corporation must be changed to show the name of the new owner so that the new owner can receive dividends and exercise other ownership rights.

A corporation or transfer agent can be held liable for transferring stocks or bonds to the wrong person. Therefore, the corporation or transfer agent must be sure that the person requesting a transfer has the authority to do so.

A Stock Power is written instructions to transfer ownership of a stock or bond. It must be signed by either a all of the interested parties/beneficiaries or b the courtappointed fiduciary for example, the Executor, Administrator, or Personal Representative for the estate of the decedent. The signatures must be medallion guaranteed by a bank or stock broker.
The corporation or transfer agent will also require Letters of Appointment to show that the fiduciary was duly appointed and continues to act with authority. If no fiduciary was appointed, an Affidavit of Heirship may be required to show that all of the beneficiaries signed the Stock Power. In some cases, additional documents may be requested by the corporation or transfer agent.

This notice is used to advise an insurance company that an auto or homeowners policy can be terminated because of the death of the policy owner.
This Notice of Death is used to advise an insurance company that an auto or homeowners policy can be terminated because of the death of the policy owner.
A policy should not be terminated until the insurance coverage is no longer needed. If insurance coverage will be needed for a longer period of time after the death, an insurance company representative or agent should be contacted regarding premium payments and to make sure that insurance coverage will continue for the desired amount of time.

This notice is used to notify a third party such as a charitable organization, subscription service or utility company that a death has occurred in order to suspend service or stop automatic withdrawals.

The Notice of Death is used to advise a third party that a death has occurred. For example, this Notice could be used to

Terminate utility services home phone, gas, electricity, water in the deceased person's home; Remove a name from a charitable organization's mailing list; Terminate membership in a club; or Terminate a magazine subscription.

This letter is written to a life insurance company as notification of the death of the insured person and request payment of life insurance proceeds.
Insurance proceeds on the life of a decedent should be collected by the family or personal representative as soon as possible after the decedent's death. These proceeds are an immediate source of available cash for the payment of debts and/or support of the family.

The purpose of this worksheet is to organize estate information and explain the procedures for carrying out the terms of a Will and handling an estate of a person who has died a Decedent.
When someone dies referred to as a Decedent, the Decedent's surviving family members and/or friends need to gather up the Decedent's assets, pay any debts and expenses, and distribute the Decedent's remaining property to the proper beneficiaries. In many cases, tax issues will need to be addressed. Different procedures will be required, depending on the type of assets that the Decedent owned, the specific details of the Decedent's estate plan, and the circumstances that exist at the time of death.

The Estate Administration Worksheet provides an outline of the general procedures that must be followed in handling an estate where the Decedent's primary estate planning document is the Decedent's Will. The initial portion of the Worksheet provides explanations and anticipates that the you will enter information as you are lead through a series of questions. The Worksheet can then be printed out to be used as a general guide. Additional information as it becomes available can be written onto the paper copy, you can update the worksheet, or you can export the worksheet to a word processor to customize the worksheet to better fit the user's particular circumstances.

This Worksheet helps to organize the Decedent's personal, legal, and financial information for the benefit of the persons who will be responsible for handling the estate, often a close family member and a lawyer. The family member is often appointed as the Executor, Administrator, or Personal Representative in accordance with formal probate proceedings. This Worksheet generally uses the familiar term Executor.

This Worksheet recognizes that handling an estate requires an understanding of the estate administration laws of the state where the estate will be handled. While the procedures of most states are similar to the procedures in other states, there can be important distinctions. Further, handling an estate requires an understanding of federal and state estate and inheritance tax laws and federal and state income tax laws. The process can be intimidating, almost always requiring the assistance of an attorney and/or tax professional. However, this Worksheet helps take some of the mystery out of the process and helps the user understand what will be expected.

This letter is written to an employer after the death of the employee to request any employee benefits that the estate or beneficiaries are entitled to.
Many decedents are entitled to benefits from their current or prior employers under pension or profitsharing plans or under group life insurance policies. In fact, for most individuals, the greater part of their wealth is evidenced by benefits payable under employee benefit plans.

Employee benefits payable to a named beneficiary generally pass outside of the deceased employee's probate estate, unless the estate itself is designated as the beneficiary. In order for the beneficiary to collect the benefits, it is generally sufficient to merely advise the plan administrator of the employee's death. In some cases, proof of death, usually a death certificate, is required.

If the majority of the decedent's assets were in pension and profitsharing plans or life insurance and joint tenancy assets with survivorship rights, it may be possible to completely avoid the probate process. Consult a lawyer to ensure that appropriate title transfers are completed. However, compensation plans, private annuity contracts and deferred compensation agreements are typically includable in the decedent's gross estate for death tax purposes. Thus, it may be necessary to file death tax returns even if the assets are not subject to probate. A lawyer should be consulted about the necessity of filing death tax returns.

This letter is used to request a copy of a death certificate from a state's vital statistics office.

PLEASE NOTE To complete your death certificate request, you will need to print and mail or fax the Death Certificate Request letter you create.An official certificate of every death is on file in the vital statistics office in the state where the death occurred. This program provides the addresses for the state vital statistics offices along with a phone number.

This letter is written to an investment firm by the personal representative or executor of an estate to request verification of the investments managed by that firm for the person who has passed away the decedent. This letter may also be used to find out if an investment firm has any accounts owned by the decedent if there is uncertainty whether the decedent had any investments managed by the investment firm.

One of the personal representative's responsibilities in probating a decedent's estate is that of gathering the decedent's assets. The personal representative must collect and inventory the decedent's assets that are subject to probate. Tasks involved in gathering the decedent's assets include reviewing records to identify all of the decedent's assets, determining which assets are subject to probate, taking physical custody of probate assets, valuing the assets, and filing an inventory listing with the probate court.

Sometimes, the decedent owned one or more investment accounts. These accounts may include money market funds, stocks, bonds, mutual funds, and other investments.
The Broker Confirmation Letter serves several purposes. It allows the personal representative to verify the existence of investment accounts held by an investment firm. It also helps determine the exact ownership of the investments. If the investments are held jointly with another individual, or if the investments are held by a trust, the investments may or may not be subject to probate. Therefore, it is important for the personal representative to be able to identify the types of investments owned by the decedent and in whose name the investments are held.

The personal representative must also value the decedent's assets as of the date of the decedent's death. This confirmation letter requests information about the values of the investments as of the date of death, including interest accrued and dividends paid on the investments.

The personal representative is also responsible for inventorying the decedent's assets. The personal representative may or may not have all information concerning investments held by the decedent. The personal representative can send this letter to investment firms where the decedent may potentially have held investments. This letter can help identify previously unknown assets.
Accounts at investment firms continue to earn interest, dividends, and capital gains after the decedent's death. Such items are income to the estate that the personal representative must report on the estate's income tax returns. This confirmation letter assists the personal representative in obtaining information about investments owned by the decedent, which in turn become assets of the estate. The personal representative can then keep track of the assets of the estate that will produce income for the estate that must be included on the estate's income tax returns.

The executor or personal representative of an estate writes this letter to a bank or other financial institution to request verification of the deceased individual's account at that institution. This letter may also be sent to confirm or inquire if the decedent held an account at a financial institution at the time of his or her death.
One of the executor's responsibilities in probating a decedent's estate is that of gathering the decedent's assets. The executor must collect and inventory the decedent's assets that are subject to probate. Tasks involved in gathering the decedent's assets include reviewing records to identify all of the decedent's assets; determining which assets are subject to probate; taking physical custody of probate assets; valuing the assets; and filing an inventory listing with the probate court.

One of the most common assets owned by a decedent is an account at a bank or other financial institution, such as a credit union. The decedent may own a variety of different types of accounts held by a financial institution. For example, a decedent may own checking accounts, savings accounts, money market accounts, or IRA Individual Retirement Account accounts to name a few of the more common types of accounts.

The Bank Confirmation Letter serves a couple of different functions. First, it allows the executor to verify the existence of accounts held by the financial institution. It also helps the executor determine the exact ownership of the accounts. If the account is held jointly with another individual, the account may or may not be subject to probate. Similarly, retirement accounts are not subject to probate. Therefore, it is important for the executor to be able to identify the types of accounts owned by the decedent and in whose name the accounts are held. This confirmation letter allows the executor to fulfill this duty.

Another of the executor's asset gathering responsibilities is valuing the decedent's assets as of the date of the decedent's death. Most bank accounts are generally valued at the face amount of the account because of the ability to immediately liquidate the account, such as with a checking or savings account. This confirmation letter allows the executor to value the accounts as of the date of the decedent's death, including interest accrued on the accounts as of the date of the decedent's death but not yet posted to the account by the financial institution.
The executor is also responsible for inventorying the decedent's assets. This confirmation 

A Last Will and Testament is an important part of every individual's estate plan. This Will can be used if you are remarried and have minor children from a prior marriage. It can also provide for minor children from your current marriage. This Will continues to be appropriate even after the minor children become adults. The easy interview process will allow you to state your intentions for your estate after your death, including who will receive your property and who will carry out your wishes.

A Will is a document under which a Will writer states his or her intentions regarding the persons or organizations Beneficiaries who will receive the Will writer's property, and the person or organization Executor who will carry out the Will writer's wishes.

This Will is appropriate for a person who is remarried and has minor children from a prior marriage. A Will writer can also provide for minor children from a current marriage in this Will. This Will continues to be appropriate after the minor children become adults.
If, at death, your estate including life insurance proceeds is expected to be larger than the federal estate tax applicable exclusion amount 5,000,000, it may be desirable to use more complete estate planning techniques that are not provided by this Will. For such cases, this Will can be used to prepare for working with a lawyer who can assist you with the preparation of a more complex will.

Note A separate will should be created for each person. Even for married couples, a joint will is not recommended.

Note If your estate will be larger than the federal estate tax exemption amount, currently 5,000,000, this document is best used for education and planning purposes. Consult a lawyer for more complex estate planning.This Will is appropriate if you are remarried and have adult children from a prior marriage. It can also provide for adult children from your current marriage.

This Will is appropriate for a person who is remarried and has adult children from a prior marriage. A Will writer can also provide for adult children from a current marriage in this Will. This Will does not contain any provisions necessary for minor children.

If at death, your estate including life insurance proceeds is expected to be larger than the federal estate tax applicable exclusion amount 5,000,000, it may be desirable to use more complete estate planning techniques that are not provided by this Will. For such cases, this Will can be used to prepare for working with a lawyer who can assist you with the preparation of a more complex will.

Note A separate will should be created for each person. Even for married couples, a joint will is not recommended.

A Last Will and Testament is an important part of every individual's estate plan. This Will is useful for a single or married person who has minor children or who intends to have children. It continues to be appropriate after the minor children become adults. The easy interview process will allow you to state your intentions for your estate after your death, including who will receive your property and who will carry out your wishes.

This Will is appropriate for people who are married or single and wish to provide for their minor children. This Will continues to be appropriate after the minor children become adults.
If at death, your estate including life insurance proceeds is expected to be larger than the federal estate tax applicable exclusion amount 5,000,000, it may be desirable to use more complete estate planning techniques that are not provided by this Will. For such cases, this Will can be used to prepare for working with a lawyer who can assist you with the preparation of a more complex will.

Note A separate will should be created for each person. Even for married couples, a joint will is not recommended.

Note A separate Will should be created for each person. Even for married couples, a joint will is not recommended.

A Last Will and Testament is an important part of every individual's estate plan. This Will is appropriate if you have a spouse and no children and do not intend to have children. The easy interview process will allow you to state your intentions for your estate after your death, including who will receive your property and who will carry out your wishes.
This Will is appropriate if you are married, have no children, and do not intend to have any children.

If at death, your estate including life insurance proceeds is expected to be larger than the federal estate tax applicable exclusion amount 5,000,000, it may be desirable to use more complete estate planning techniques that are not provided by this Will. For such cases, this Will can be used to prepare for working with a lawyer who can assist you with the preparation of a more complex will.

Note A separate will should be created for each person. Even for married couples, a joint will is not recommended.

A Last Will and Testament is an important part of every individual's estate plan. This Will is useful for a single or married grandparent who has minor grandchildren or who expects to have grandchildren. It continues to be appropriate after the minor grandchildren become adults. The easy interview process will allow you to state your intentions for your estate after your death, including who will receive your property and who will carry out your wishes.

This Will is useful for a single or married grandparent who has minor grandchildren or who expects to have grandchildren. It continues to be appropriate after the minor grandchildren become adults. Of course, the Will also allows for distributions to your spouse, children, and others.

If at death, your estate including life insurance proceeds is expected to be larger than the federal estate tax applicable exclusion amount 5,000,000, it may be desirable to use more complete estate planning techniques that are not provided by this Will. For such cases, this Will can be used to prepare for working with a lawyer who can assist you with the preparation of a more complex will.

Note A separate will should be created for each person. Even for married couples, a joint will is not recommended.

This letter is given to a financial institution to notify and/or to obtain its consent, regarding the transfer of real estate to a revocable living trust, in those cases where the real estate is subject to a mortgage or deed of trust.

Real estate is transferred into the name of a revocable living trust through the use of a deed. The specific form, content, accompanying documents and recording requirements for deeds vary by state. Consult an attorney for assistance.

Where there is a loan against the property, particular attention must be paid to any loan restrictions regarding a transfer of the property. Most loans contain a dueonsale clause, which allows the financial institution to accelerate the loan i.e., require immediate payment of the entire remaining balance if the property is transferred. The acceleration clause in the loan is designed to help protect the financial institution when the property is transferred usually by sale to a third party whose creditworthiness has not been approved by the financial institution.

Where the personal residence of a borrower is transferred to the borrower's own revocable Living Trust, however, there is no meaningful change in the ownership or use of the property. For this reason, federal law prevents lenders from invoking the dueonsale clause in those instances, provided that the owner continues to occupy the home as the beneficiary of the Trust. Still, it is good practice to inform the lender of, and obtain the lender's consent to, the transfer.

On the other hand, there is no such law prohibiting the lender from accelerating the loan where the property being transferred is investment property. In these instances, it is critically important that the Grantor of the Trust the owner of the property obtain the advance written consent of the lender, confirming that the dueonsale clause will not be invoked.

This letter is used to request the transfer of your bank account, brokerage account or individual securities to your Living Trust. This letter should accompany your Certificate of Trust that provides additional information necessary for the transfer.

At any time after creating and signing a Living Trust document, assets must be transferred into the Trust. A Living Trust only applies to the assets that are actually transferred into the Trust. This letter is used to request the transfer of your bank account, brokerage account or individual securities to your revocable Living Trust.

This is a specialized will that is used as a supplementary document to the living trust or joint living trust. Its primary function is to pour over or transfer into that person's living trust or joint living trust, any assets that were not previously transferred into his or her trust. A PourOver Will should only be created if you have previously completed a living trust or joint living trust.

A PourOver Will is a specialized will that is used as a supplementary document to the Living Trust or Joint Living Trust. Its primary function is to Pour Over the Will writer's remaining assets at the Will writer's death into the Will writer's Living Trust or Joint Living Trust. Often a Living Trust is established to avoid probate of a will, but if any assets were not transferred into the trust –by design or by inadvertence, a pourover will serves as a safety net to convey those assets into the Living Trust so that they can be distributed with the Will writer's other assets. Note If a Joint Living Trust has been created, each joint Grantor should prepare a PourOver Will.

A PourOver Will includes a standard provision that provides for an Executor Personal Representative in some states. It also includes an optional provision to select a Guardian, if the Will writer has minor children.
Instead of the usual provisions that provide for the distribution of specific bequests, tangible personal property, and the residuary estate, the PourOver Will simply distributes the Will writer's remaining assets to his or her Living Trust. The Living Trust then distributes that property, plus the Trust assets, in accordance with the distribution provisions specific bequests, etc. of the Living Trust.
The PourOver Will should be signed with the same formalities as any other Will.

This worksheet provides an opportunity to state your personal wishes regarding funeral or memorial services. It includes provisions regarding choice of funeral home, burial versus cremation, flowers, speakers, music, and obituary notices.

The purpose of this document is to provide your survivors with a list of your desires for your final arrangements.
A funeral or memorial service can be a moving, personal ceremony. So that you may have the kind of remembrance that you want, provide a copy of this document to your family or other appropriate persons and discuss your desires with them. If you do not want to discuss your wishes with your family, at least advise them regarding the location of this document.

Realistic planning may be difficult for an event that may not take place for many years, and, of necessity, plans must be made on a tentative basis. Specifying too many details and instructions may be counterproductive. Sometimes it is best to allow a decision to be made based on the circumstances known at the time of death. However, if you provide guidance to your family, and yet acknowledge to them that changes may need to be made, they will feel more comfortable in making your arrangements.

This document is used to revoke a living trust or joint living trust.


The Living Trust Revocation is a document used to revoke a living trust or joint living trust. The Revocation can be used to either dismantle the entire plan of using a revocable living trust or to revoke the old living trust in preparation for preparing and signing a new living trust. However, if a new living trust will be created, and if it will have the same number of grantors as the revoked living trust, consider amending and restating the existing living trust instead of revoking it. If the living trust is merely restated and not revoked/replaced, the assets already transferred to the living trust will remain in the living trust, avoiding the need to transfer each of them. 

The Living Trust Amendment is a document used to change one or more minor provisions of a living trust or joint living trust as an alternative to preparing a new living trust. The amendment can be used to make minor deletions and/or additions to the original trust.

The Living Trust Amendment is a document used to change one or more minor provisions of a living trust or joint living trust as an alternative to preparing a new living trust. The amendment can be used to make minor deletions and/or additions to the original trust.

Multiple amendments should be avoided, especially if one amendment amends a prior amendment. Instead, a single amendment should be prepared which restates and revokes all prior amendments. Furthermore, if major and/or numerous changes will be made to the original trust, it is recommended that the original trust be amended and restated in its entirety. See the Living Trust or Joint Living Trust documents and select the option to Amend the Trust. If the trust is merely restated instead of revoked/replaced, the assets already transferred to the trust will remain there.

This document is used to create a trust to manage your assets during your lifetime. It provides for payments of income to you and distributes the remaining assets of the trust upon your death.
A Living Trust also known as a revocable trust is a trust created by a person known as the Grantor for use during that person's lifetime. It provides for payments of income for the Grantor and the distribution of the remaining assets of the Trust upon the Grantor's death. The Living Trust also includes an option which allows the Grantor to amend or revoke the Trust at any time. In order to amend the Trust, the Grantor must deliver to the Trustee an appropriate written amendment or restatement, signed by the Grantor.

Typically, a Living Trust includes provisions that allow the Grantor, who often serves as initial Trustee, to manage the assets of the Trust until such time as the Grantor
becomes disabled unable to manage his or her financial affairs; simply prefers to have someone else perhaps a bank's trust department manage his or her affairs; or dies.
If that occurs, the Trust provides for a successor Trustee to take over the management of the Trust.Payments During the Grantor's lifetime, payments of the net income of the Trust are made to the Grantor at fixed intervals. The amount of the payments can be changed from time to time at the request of the Grantor.

When the Grantor dies, the Trust provisions designate the beneficiaries who will receive the Grantor's property, much in the same manner as a will. At the option of the Grantor, these provisions can include specific distributions and distributions of tangible personal property before the distributions of the remaining trust assets. The successor Trustee carries out these provisions in a role similar to that of an Executor. These provisions also allow the Grantor to include a trust share that will be maintained for the benefit of the Grantor's minor children through a trust for minor children.

Advantages of a Living Trust The Living Trust is often viewed as a preferable alternative to the Will. Some of the perceived advantages of the Living Trust relate to privacy, reduced probate costs, and management of assets. 

This worksheet provides a convenient method to list all assets owned by the grantors and provides explanatory information regarding whether and how to transfer assets into the living trust. Each asset can be tagged for automatic inclusion on a a bill of transfer document, b a trust property schedule, and/or c a property ownership memorandum.


In addition to creating and signing a living trust document, assets must be transferred into the trust. A living trust only owns the assets that are actually transferred into the trust. Any assets that remain titled in the name of a grantor will be subject to potential probate administration at the death of that grantor. The exceptions include assets which a are held jointly with another person with rights of survivorship, for example a home, b pass pursuant to transferondeath or payondeath designations, for example bank accounts, or c pass by beneficiary designation, for example retirement plans and life insurance. Assets should be transferred from the grantor to the trust to achieve the result that the property is then legally owned by the trust. Then, upon the grantor's death, because the trust as owner survives the grantor's death, it is not necessary to use the probate system to effectuate a transfer of the assets to the grantor's beneficiaries. Instead, the successor trustee can distribute the assets in accordance with the trust provisions.
Assets can be transferred to a living trust both at the time of the creation of the trust and also at later times. Separate transfer documents must be used for this purpose because the trust document itself does not contain any language of conveyance or any list of assets.

This worksheet provides a convenient method to list all assets owned by the grantors. With each category of assets, explanatory information is provided with which to decide whether and how to transfer the asset into the living trust. For easy reference, that same information will be printed on the worksheet with the asset category. Further, each asset can be tagged to automatically be included on a a bill of transfer document, b a trust property schedule, and/or c a property ownership memorandum. These documents can then be printed and used for their intended purposes. They can also be saved and updated periodically as appropriate.

This document creates a trust to manage a couple's assets during their lifetime. It provides for payments of income to the couple, and distributes the remaining assets of the trust upon their deaths.
A Joint Living Trust can be created by a person and that person's spouse. In some cases, this method is preferable to creating two separate Living Trusts, especially where assets to be contributed are held jointly and could not easily be divided to be placed into two separate trusts. Another advantage is that the joint trust is created in a single document rather than multiple documents.

Typically, the Joint Living Trust provides for both spouses, who are the CoGrantors, to serve as the initial CoTrustees. They serve for such time as they are able and willing to manage the assets of the Trust during their joint lifetime. After the death, disability or voluntary resignation of one, the other can continue as Trustee. When neither Grantor serves as Trustee, a successor Trustee takes over the management of the Trust.
The Joint Living Trust is revocable, that is, it can be amended or revoked at a later time.
Payments During the Grantors' lifetime, payments of the net income of the Trust are made to the Grantors at fixed intervals. The amount of the payments can be changed from time to time at the request of the Grantors.

When a Grantor dies, the Trust provisions designate the beneficiaries who will receive that Grantor's property, much in the same manner as a will. At the option of the Grantor, these provisions can include specific distributions and distributions of tangible personal property before the distributions of the remaining trust assets. The successor Trustee carries out these provisions in a role similar to that of an Executor. These provisions also allow the Grantors to include a trust share that will be maintained for the benefit of the Grantors' minor children through a trust for minor children.
Advantages of a Living Trust The Joint Living Trust is often viewed as a preferable alternative to the Will. Some of the perceived advantages of the Joint Living Trust relate to privacy, reduced probate costs, and management of assets. For more information, see the Trust vs. Will Comparison topic. And for a review of what to consider when deciding on a Living Trust, see the Factors to Consider topic.

NOTE This trust is not appropriate for couples whose combined estates including life insurance proceeds and retirement plans exceeds the federal estate tax applicable exclusion amount 5,000,000.

The Individual Living Trust Funding Worksheet provides a convenient method to list all assets owned by an unmarried person Grantor and provides detailed information regarding whether and how to transfer assets into a living trust. Each asset can be tagged for automatic inclusion on a a bill of transfer document, b a trust property schedule, and/or c a property ownership memorandum.


In addition to creating and signing a living trust document, assets must be transferred into the trust. A living trust only owns the assets that are actually transferred into the trust. Any assets that remain titled in the name of the grantor will be subject to potential probate administration at the death of the grantor. The exceptions include assets which a are held jointly with another person with rights of survivorship, for example a home, b pass pursuant to transferondeath or payondeath designations, for example bank accounts, or c pass by beneficiary designation, for example retirement plans and life insurance. Assets should be transferred from the grantor to the trust to achieve the result that the property is then legally owned by the trust. Then, upon the grantor's death, because the trust as owner survives the grantor's death, it is not necessary to use the probate system to effectuate a transfer of the assets to the grantor's beneficiaries. Instead, the successor trustee can distribute the assets in accordance with the trust provisions.
Assets can be transferred to the living trust both at the time of the creation of the trust and also at later times. Separate transfer documents must be used for this purpose because the trust document itself does not contain any language of conveyance or any list of assets.

This worksheet provides a convenient method to list all assets owned by the grantor. With each category of assets, explanatory information is provided with which to decide whether and how to transfer the asset into the living trust. For easy reference, that same information will be printed on the worksheet with each asset category. Further, each asset can be tagged to automatically be included on a a bill of transfer document, or b a trust property schedule. These documents can then be printed and used for their intended purposes. They can also be saved and updated periodically as appropriate.

This worksheet helps you list and value your assets and liabilities, estimate future growth of your net worth, and calculate the federal estate taxes that you might owe.
The value of your assets minus your liabilities is needed to determine whether estate taxes may be an important consideration in the preparation of your will or living trust. Federal estate taxes are not usually a factor in estates of less than the federal applicable exclusion amount of 2,000,000. Although your combined assets may be less than 2,000,000 now, future growth in the value of your assets may cause the value of your estate to exceed the federal applicable exclusion amount.

The Estate Size Worksheet and Tax Calculator is divided into four sections. First, you provide some personal information. Next, you are asked for information regarding the values of your current assets and liabilities. In the third section, you can enter some assumptions about how your investments and other assets may increase in the future because of inflation, investment earnings, and additional savings. In the last section, you can see how much federal estate tax would be owed on the current value of your assets and also on the future value of your assets.

This worksheet helps you list and value the assets and liabilities of you and your spouse, estimate future growth of your combined net worth, and calculate the federal estate taxes that you might owe on your estates.

The value of the assets of you and your spouse, minus your combined liabilities, is needed to determine whether estate taxes may be an important consideration in the preparation of wills or living trusts for you and/or your spouse. Federal estate taxes are not usually a factor if the combined value of your estates is less than the federal applicable exclusion amount of 2,000,000. Although your combined assets may be less than 2,000,000 now, future growth in the value of your assets may cause the value of your estates to exceed the federal applicable exclusion amount. With proper planning, you and your spouse can take advantage of two federal applicable exclusion amounts. However, without proper planning you may unintentionally waste all or part of one of the two federal applicable exclusion amounts.

The Estate Size Worksheet and Tax Calculator is divided into four sections. First, you provide some personal information. Next, you are asked for information regarding the values of current assets and liabilities of you and your spouse. In the third section, you can enter some assumptions about how your investments and other assets may increase in the future because of inflation, investment earnings, and additional savings. In the last section, you can see how much federal estate tax would be owed on the current and future values of your estate, your spouse's estate, and your combined estates.

This worksheet helps gather the personal, financial, and family information that is needed to prepare a will or living trust. It also helps explain the alternatives for distributing estate assets to beneficiaries.

 The Estate Planning Worksheet for Single People is designed as a worksheet to lead you through the thought process that is required to prepare a will. This worksheet can be used for both large and small estates. The estimated value of your assets, minus the estimated value of your liabilities is critical information in planning your estate. A high value more than 5,000,000 the federal estate tax exemption limit suggests that more complex estate planning techniques may be required to minimize federal estate taxes. If your estates are expected to be larger than the applicable exclusion amount at the time of the death of the second spouse, you can use this worksheet to prepare for a conference with an estate planning lawyer who will ask for the type of information developed through your use of the Estate Planning Worksheet.

The Estate Planning Worksheet for Married People is designed as a worksheet to lead you through the thought process that is required to prepare a will. This worksheet can be used for both large and small estates. The estimated value of your assets, minus the estimated value of your liabilities is critical information in planning your estate. A high value more than 5,000,000 the federal estate tax exemption limit suggests that more complex estate planning techniques may be required to minimize federal estate taxes. If your estates are expected to be larger than the applicable exclusion amount at the time of the death of the second spouse, you can use this worksheet to prepare for a conference with an estate planning lawyer who will ask for the type of information developed through your use of the Estate Planning Worksheet.

The Estate Planning Worksheet for Married People begins by requesting personal information about your and your family. Next, you are led through an estimation of the value of the estates of you and your spouse. The third step helps you sort through your priorities as to what persons or entities beneficiaries should receive distributions from your estates. If you have minor children, an optional section is available to work through questions that help you provide for them. Finally, the worksheet provides some basic information regarding advanced estate planning techniques that might be discussed with a lawyer in connection with planning for unique or complex estates.

This document is used to create a trust to accumulate savings for a child's college education. Gifts to the trust do not cause gift tax liability, and the trust provisions provide control over the use of the funds. Income taxes on the gifted funds are shifted from the donor to the trust and/or the child.


Many parents and grandparents are interested in accumulating funds for the future college education of their children. Often the parents are interested in having the earnings on the funds taxed to their children at lower income tax rates, but at the same time do not wish to give up control over the use of the funds. Custodial accounts are sometimes used, but in most states a child must be given access to such funds at age 18 years. This requirement causes concern for parents who believe that 18 year olds might not wisely use the custodial account funds.
The College Education Trust document is a special trust that meets the requirements of Section 2503c of the Internal Revenue Code. Gifts to the trust for the benefit of a child are not subject to federal gift and estate taxes if the gifts are less than 10,000 per year. The income from the funds is either taxed to the trust if no distributions are made from the trust or to the child if distributions are made to the child. Often the income will be taxed at lower tax rates than the rates of the parents. At the same time, the parents can use the trust to maintain some control over the use of the funds. Further, unlike a custodial account arrangement, there are no restrictions on the types of assets that can be transferred into the 2503c trust.

There are certain requirements for the Section 2503c trust as follows

The assets of the trust must be available for distribution to the child while the child is under the age of 21 years. See The Trust's Beneficiary topic for more information.The assets of the trust must be distributed to the child when the child attains age 21 years. See The Trust's Beneficiary topic for more information. See also Continuation of the Trust topic for information about continuing the Trust beyond age 21 years.If the child dies before reaching age 21 years, the trust assets must be distributed either to the child's estate or to beneficiaries that the child designates in the child's will or other written document. See the Alternate Distribution If the Beneficiary Dies topic for more information.

The College Education Trust is most effective when used to accumulate 30,000 to 120,000, with the funds used primarily for educational expenses. This type of trust is not the most effective trust if accumulating substantial funds beyond college expenses is an important objective.

This document is used to change one or more provisions of a Will, as an alternative to creating a new Will.
A Codicil is a document used to change one or more provisions of a Will as an alternative to preparing a new Will. If substantial or numerous changes are required, consider preparing a new Last Will and Testament instead of a Codicil.

The codicil provided by this program is a simple but flexible document that provides a variety of optional paragraphs. If your situation presents unusual circumstances, or if you have any legal questions, it is advisable to consult with a lawyer.

Once you have created a living trust or joint living trust you may desire to transfer investments or other financial accounts into the name of the trust. A Certificate of Living Trust provides your banking institution, brokerage firm, transfer agent or other third party with necessary information regarding the trust to facilitate this transfer. This document also confirms the trustee's authority to act on behalf of the trust.

This certification is used by a trustee of a living trust revocable trust to provide a banking institution, brokerage firm, transfer agent, or other third party with key information that is needed regarding the trust. Typically when a living trust is established, the title to investment and savings assets will be transferred into the name of the trust. The banking institution or brokerage firm that is asked to transfer the title to the assets will often require that the trustee provide copies of key provisions of the trust. The banking institution or brokerage firm needs this information as proof of the trustee's authority to act on behalf of the trust.

The full name of the trust should be provided, including a date, although the party receiving the certification may use an abbreviation in retitling the assets.

The bill of transfer is used to transfer personal property to a living trust or joint living trust. In addition to creating and signing a living trust document, assets must be transferred into the trust. A living trust only owns the assets that are actually transferred into the trust. Any assets that remain titled in the name of the grantor will be subject to potential probate administration at the death of the grantor. Assets should be transferred from the grantor to the trust to achieve the result that the property is then legally owned by the trust. Assets can be transferred to the trust both at the time of the creation of the trust and also at later times. Separate transfer documents, such as this bill of transfer, must be used for this purpose because the trust document itself does not contain any language of conveyance or any list of assets. Note This document cannot be used to transfer real estate or other property which has a title document, such as a vehicle.
If the asset consists of a category of items, especially those that may change regularly, for example household goods and personal effects, continuous transfers would be impractical, so the initial transfer should convey that category of assets, whether now owned or later acquired.

The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two wills, one for each Spouse. It also includes Instructions.

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a selfproving affidavit statute, a state specific selfproving affidavit is also included and requires the presence of a notary public to sign the wills.

Law Summary Wyoming Legal Last Will and Testament Form for a Widow or Widower with Adult Children

Note This summary is not intended to be an allinclusive discussion of the law of wills in Wyoming, but does contain basic and other provisions. A discussion of handwritten wills is not included.

Right to make and dispose; exception Any person of legal age and sound mind may make a will and dispose of all of his property by will except what is sufficient to pay his debts, and subject to the rights of the surviving spouse and children. 26101.

All property deemed passed; property defined A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will, unless a contrary intention is indicated by the will. Property, as used in this section, includes both real and personal property, or any interest therein, and means anything that may be the subject of ownership. 26102.

Property passed may be governed by trust instrument By a will signed and attested as provided in this article a testator may devise and bequeath real and personal estate to a trustee of a trust which is evidenced by a written instrument in existence when the will is made and which is identified in the will, even though the trust is subject to amendment, modification, revocation or termination. Unless the will provides otherwise the estate so devised and bequeathed is governed by the terms and provisions of the instrument creating the trust including any amendments or modifications in writing made before or after the making of the will and before the death of the testator. 26103.

Law governing meaning and effect The meaning and legal effect of a disposition in a will is determined by the law of the state in which the will was executed, unless the will otherwise provides or unless the application of that law is contrary to the public policy of this state otherwise applicable to the disposition. 26104.

Rules of construction and intention The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will. 26105.

Antilapse; deceased devisees; class gifts If a devisee who is a grandparent or a lineal descendent of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take per stirpes. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will. 26106.

Failure of a testamentary provision
a Except as provided in W.S. 26106, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
b Except as provided in W.S. 26106, if the residue is devised to two 2 or more persons and the share of one 1 of the residuary devisees fails for any reason, his share passes to the residuary devisee, or to other residuary devisees in proportion to
their interests in the residue. 26107.

Will to be in writing; number and competency of witnesses; signature of testator; subscribing witness not to benefit; exception Except as provided in the next section 26113, all wills to be valid shall be in writing, or typewritten, witnessed by two 2 competent witnesses and signed by the testator or by some person in his presence and by his express direction. If the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency shall not prevent the probate and allowance of the will. No subscribing witness to any will can derive any benefit therefrom unless there are two 2 disinterested and competent witnesses to the same, but if without a will the witness would be entitled to any portion of the testator's estate, the witness may still receive the portion to the extent and value of the amount devised. 26112.

Selfproving wills A will may be made sefl proved by appropriate form. The form you located containes the appropriate affidavit. 26114.

Who may witness Any person generally competent to be a witness may act as a witness to a will. 26115.

Validity of execution A written will is valid if executed in compliance with W.S. 26112 or 26113 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national. 26116.

Revocation by writing or by act a A will or any part thereof is revoked
i By a subsequent will which revokes the prior will or part expressly or by inconsistence; or
ii By being burned, torn, cancelled, obliterated or destroyed with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction. 26117.

Revocation by divorce or annulment; effect; revival; other changes excluded If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will. 26118.

Duty of custodian to deliver will; failure to comply; order to third persons
a Every custodian of a will, within ten 10 days after receipt of information that the maker thereof is dead, shall deliver the same to the clerk of the district court having jurisdiction of the estate or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by anyone injured thereby.
b If it is brought to the attention of the court that any will is in the possession of a third person, and the court or the commissioner in vacation is satisfied that the information is correct, an order shall be issued and served upon the person having possession of the will, and if he neglects or refuses to produce it in obedience to the order he may be punished by the court for contempt. 26119.

Notification of executor; disposition where no petition filed Upon receipt of a will for filing, with information that the maker thereof is dead, the clerk shall notify the party, if any, named as executor of the will, and as many of the distributees named therein as may be readily located. If no action pursuant to W.S. 26121, 26122 or 26201 is taken by any party within thirty 30 days after the giving of such notice, the clerk shall report the matter to the court and the court may make orders as it deems appropriate for the disposition of the will. 26120.

Petition and procedure for filing of will without probate or administration
a Concurrently with the filing with the clerk of a will of a deceased person, or at any time thereafter, the executor or any distributee named therein may file a sworn petition for filing of the will without probate or administration. The petition shall show
i The date and place of death of the decedent, and county and state of last residence of the decedent;
ii The names, ages and residences of the heirs and devisees of the decedent, so far as known to the petitioner;
iii That a true copy of the will and a true copy of the petition have been mailed to each of the heirs and devisees; and
iv That, pending possible subsequent action, the petition and the will are to be filed and indexed by the clerk, without further proceedings.

b The clerk shall receive, file and index the petition, and annex the will thereto, and maintain same as part of the permanent files. No filing fee shall be charged.

c No proceedings under this section may be commenced after the filing of a petition under W.S. 26122 or 26201, nor after the entry of an order by the court pursuant to W.S. 26120 making other provisions for the disposition of the will. 26121.

26122. Petition and procedure for filing and probate of will without administration
a Concurrently with the filing with the clerk of a will of a deceased person, or at any time thereafter prior to the filing of a petition pursuant to W.S. 26201 and prior to the entry of any order by the court pursuant to W.S. 26120 making other provisions for the disposition of the will, any party who would be entitled to letters testamentary under the provisions of W.S. 26208 may file with the clerk a sworn petition for probate of will without administration. The petition shall show

i The date and place of death of the decedent, and county and state of last residence of the decedent;
ii The names, ages and residences of the heirs and devisees of the decedent;
iii That a true copy of the will and a true copy of the petition have been mailed to each of the heirs and devisees; and
iv That the petition prays for probate of the will, without administration.

b A filing fee for the petition shall be charged, equal to the minimum fee applicable to proceedings under W.S. 26203.

c Upon the filing of the petition, proceedings shall be had as provided in W.S. 26203 through 26206, and order shall issue and notices be given as provided in W.S. 26209 if the will is found entitled to probate, except that the order shall not include the appointment of an executor, but recite that the will is admitted to probate without administration.

d After the entry of the order admitting the will to probate, the petitioner shall, at his own expense, cause to be published once a week for three 3 consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the probate was granted a notice in substantially

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The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two wills, one for each spouse. It also includes instructions.

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a selfproving affidavit statute, a state specific selfproving affidavit is also included and requires the presence of a notary public to sign the wills.

Law Summary Rhode Island Legal Last Will and Testament Form for Married person with Adult Children

Note This summary is not intended to be an allinclusive discussion of the law of wills in Rhode Island, but does contain basic and other provisions. A discussion of handwritten wills is not included.
Who May make a will Every person of sane mind and eighteen 18 years or older in age, may devise, bequeath, or dispose of, by his or her will, executed in the manner required by this chapter, all real estate and all personal estate, which he or she shall be entitled to either at law or in equity at the time of his or her death and which, if not so devised, bequeathed or disposed of, would devolve upon the heir at law, or upon his or her executor or administrator, but not including an estate tail.
3352

Nomination of guardian by will Every person authorized by law to make a will may nominate by his or her will a guardian or guardians for his or her children during their minority, and a successor guardian or guardians for persons who are retarded for whom he or she had been appointed guardian during his or her lifetime, and the probate court shall appoint the guardian or guardians unless good cause be shown to the contrary; provided, that, in the case of husband and wife, the survivor, being otherwise qualified, shall be the guardian of their children. 3354

Execution of will A will shall be in writing and signed by the testator, and this signature shall be made or acknowledged by the testator in the presence of two 2 or more witnesses present at the same time, and the witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary, and no other publication shall be necessary. 3355

Wills conforming to laws of other states Any last will and testament executed outside this state in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state; provided, the last will and testament is in writing and subscribed by the testator. 3357

Revocation of will by marriage The marriage of a person shall act as a revocation of a will made by him or her previous to the marriage, unless it appears from the will that it was made in contemplation thereof. 3359

Revocation of provision in will for divorced spouse The entry of a final judgment in the divorce of a person shall act as a revocation of all provisions for the benefit of the former spouse in a will made by the person prior to the divorce, unless it appears from the will that the will was made in contemplation of the divorce. All other provisions in the will shall take effect as though the former spouse had predeceased the person. 3359.1

Methods of revoking will A will may be revoked by another will or codicil executed in the manner required by law, or by some writing declaring an intention to revoke the will and executed in the manner in which a will is required to be executed, or by burning, tearing, or otherwise destroying the will by the testator, or by some person in his or her presence and by his or her direction, with the intention of revoking the will. 33510

Deposit with probate clerk A will may be deposited by the testator, or by any person for him or her, in the office of the probate clerk in the city or town where the testator lives, to be safely kept until delivered or disposed of as hereinafter provided; and the probate clerk, upon being paid a fee of ten dollars 10.00, shall receive and keep the will and shall give a certificate of the deposit thereof. 3371.

Wrapping and indorsement of will deposited Every will intended to be deposited shall be enclosed in a sealed wrapper, with an indorsement thereon of the name and place of residence of the testator and of the date when and the person by whom it is deposited, and the wrapper may also have indorsed upon it the name of a person to whom the will is to be delivered after the death of the testator. A will, when so deposited, shall not be opened until it is delivered to a person entitled to receive it, or until it is otherwise disposed of as hereinafter provided. 3372

Person to whom will delivered During the lifetime of the testator, the will shall be delivered only to the testator himself or herself, or in accordance with his or her order, in writing, duly proved before the probate judge; and after his or her death it shall be delivered to the person named in the indorsement, if the person demands it. 3373

Disposition of deposited will after death of testator If the will is not called for by the person, if any, named in the indorsement, it shall be publicly opened at the first probate court held after notice of the testator's death, and shall be retained in the clerk's office until it is opened. If the jurisdiction of the case belongs to some other court, it shall be delivered to one of the executors named in the will, or to the clerk of the probate court having jurisdiction of the will, upon proper receipt therefor. 3374

Duty of person in possession of will to deliver into court Every person, other than a probate clerk, who has custody of a will shall, within thirty 30 days after notice of the death of the testator, deliver the will into the probate court which has jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into court within thirty 30 days after they receive the will; and if any executor or other person neglects, without reasonable cause, to deliver a will, after being duly cited for that purpose by the court, he or she may be adjudged to be in contempt and may be committed therefor to the adult correctional institutions and shall remain there until he or she delivers the will to the court; and he or she shall be further liable, to any party aggrieved, for the damage sustained by reason of the neglect.

Provided further, that a fiduciary nominated in a will may deliver such will to the probate court with an affidavit containing the following information, representations, and documentation

a The date of death of the decedent accompanied by a certified copy of the decedent's death certificate;

b A representative that the funeral bill of the decedent has been paid, accompanied by a receipt therefor;

c The names and addresses of the heirsatlaw of the decedent at the decedent's date of death; and

d A representation that the affiant has received no notice of the issuance of letters testamentary or letters of administration regarding the estate of the decedent, and that there are no assets of the decedent subject to probate. Upon receipt of such will and affidavit the probate clerk, upon being paid a fee of thirty dollars 30.00, shall receive and keep the will and accompanying affidavit and shall give a receipt of the deposit thereof. 3375

Penalty for theft, destruction, or concealment of will Any person who shall either during the life of the testator or after his or her death steal or for any fraudulent purpose destroy or conceal any will or other testamentary instrument, either before or after probate, shall be imprisoned in the adult correctional institutions for a term of not more than five 5 years, and in any complaint, information, or indictment for the offense it shall not be necessary to allege that the will, codicil, or other instrument is the property of any person or that it is of any value. 3377

Proof of purported will or codicil In the absence of objection by anyone interested in the estate of a deceased person, the probate court may admit to probate a purported will or codicil of the deceased person upon oral testimony or affidavit in the following manner

1 The oral testimony of any one of the subscribing witnesses as to the due execution of any purported will or codicil shall constitute sufficient evidence thereof.

2 An affidavit by the subscribing witnesses or any one or more of them, to any purported will or codicil, executed at any time after execution of the will or codicil, whether before or after the death of the testator, before any officer authorized to administer oaths in or out of this state, stating the facts as the witnesses or witness would be required to testify to in court to prove the will or codicil, shall constitute sufficient evidence of the due execution of the purported will or codicil.

3 An affidavit substantially in the form that follows shall be deemed to meet the requirements of subdivision 2 of this section

STATE OF

COUNTY OF

In . . . . . . . . . . on this . . . . . . . day of . . . . . . ., 19 . . . ., before me personally appeared the undersigned, who, being duly sworn, depose and say that they witnessed the execution of the will codicil of . . . . . . .; that the signature to the will codicil is in the handwriting of the testator or was made by some other person for the testator, in the testator's presence and by the testator's express direction; that the testator so subscribed the will codicil and declared the same to be his last will a codicil to his last will in their presence; that they thereafter subscribed the same as witnesses in the presence of the testator and in the presence of each other; that at the time of execution of the will codicil the testator appeared to be of sound mind and eighteen 18 years of age or over; and that the signatures of the witnesses on the will are genuine.

Subscribed and sworn to before me on the day and date first above written,

Notary public
33726

All forms provided by U.S. Legal Forms, Inc. USLF, the nations leading legal forms publisher. USLF forms are carefully reviewed and updated by attorneys. When you need a legal form, don't accept anything less than the USlegal brand. The Forms Professionals Trust.

The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two wills, one for each Spouse. It also includes Instructions.

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a selfproving affidavit statute, a state specific selfproving affidavit is also included and requires the presence of a notary public to sign the wills.

Law Summary Nevada Legal Last Will and Testament Form for Single Person with Adult and Minor Children

Note This summary is not intended to be an allinclusive summary of the law of wills in Nevada, but does contain basic and other provisions. Handwritten wills and wills where the testator cannot sign his or he name are not discussed.

Who may make a will Every person of sound mind, over the age of 18 years, may, by last will, dispose of all his or her estate, real and personal, the same being chargeable with the payment of the testator's debts. 133.020
Valid wills A will shall be in writing and signed by the testator, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator. 133.040
Disposition of certain tangible personal property by reference to list or statement; requirements
1. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

2. To be admissible as evidence of the intended disposition, the statement or list must contain

a The date of its execution.

b A title indicating its purpose.

c A reference to the will to which it relates.

d A reasonably certain description of the items to be disposed of and the names of the devisees.

e The testator's signature.
3. The statement or list may be

a Referred to as a writing to be in existence at the time of the testator's death.

b Prepared before or after the execution of the will.

c Altered by the testator after its preparation.

d A writing which has no significance apart from its effect upon the dispositions made by the will. 133.045
Attesting witnesses may sign selfproving affidavits to be attached to will Any or all of the attesting witnesses to any will may sign an affidavit before any person authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove the will. The affidavit must be written on the will or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court. The form you have found contains the approved affidavit. 133.050

Devise to subscribing witness All devises in a will to a subscribing witness are void unless there are two other competent subscribing witnesses to the will. 133.060

Creditors as witnesses A mere charge on the estate of the testator for the payment of debts shall not prevent his creditors from being competent witnesses to his will. 133.070

Foreign execution
1. If in writing and subscribed by the testator, a last will and testament executed outside this state in the manner prescribed by the law, either of the state where executed or of the testator's domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this state.
2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 133.080

Revocation by marriage; effect upon rights of surviving spouse If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless provision has been made for the spouse by marriage contract, or unless the spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation shall be received. 133.110

Revocation of provisions in favor of former spouse on divorce or annulment; exceptions Divorce or annulment of the marriage of the testator revokes every devise, beneficial interest or designation to serve as personal representative given to the testator's former spouse in a will executed before the entry of the decree of divorce or annulment unless otherwise
1. Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings; or
2. Ordered by the court in the divorce or annulment proceedings, and the will takes effect in the same manner as if the former spouse had died before the testator. 133.115
Other means of revocation
1.A written will may only be revoked by
a Burning, tearing, canceling or obliterating the will, with the intention of revoking it, by the testator, or by some person in the presence and at the direction of the testator; or
b Another will or codicil in writing, executed as prescribed in this chapter.
2.This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator. 133.120

Other Sections of interest
Vesting upon death of spouse; applicability of chapter only to separate property. If a decedent leaves a surviving spouse
1. Community property with right of survivorship vests in accordance with the right of survivorship;
2. All other community property vests as provided in NRS 123.250; and
3. The provisions of this chapter apply only to the separate property of the decedent. 134.010

Applicability of chapter as between spouses with premarital agreement The provisions of this chapter intestate succession and other spouse rights provisions of law do not apply to the extent that they are inconsistent with the provisions of a premarital agreement which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to Nevada Law. 134.005

All forms provided by U.S. Legal Forms, Inc. USLF, the nations leading legal forms publisher. USLF forms are carefully reviewed and updated by attorneys. When you need a legal form, don't accept anything less than the USlegal brand. The Forms Professionals Trust.

This Complex Will with Credit Shelter Trust for Large Estates form is a complex Will designed to enable a couple to maximize the amount of property that can pass free of estate taxes. The Will leaves the maximum tax free amount allowed i.e. 1,000,000.00 as of 2001 to a trust and the remainder of property to the surviving spouse. All of the property passing to the Spouse is estate tax free. Therefore, no estate taxes are due at the death of the first Spouse. Since the trust has 1 million dollars that can pass to the children tax free, the surviving spouse can also leave 1 million to a similar trust or children and thereby enable 2 million dollars instead of 1 to pass to the children estate tax free. Income from the trust can be disbursed to the surviving spouse and children.

All forms provided by U.S. Legal Forms, Inc. USLF, the nations leading legal forms publisher. USLF forms are carefully reviewed and updated by attorneys. When you need a legal form, don't accept anything less than the USlegal brand. The Forms Professionals Trust.

The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a selfproving affidavit statute, a state specific selfproving affidavit is also included and requires the presence of a notary public to sign the wills.

Law Summary   Kentucky Legal Last Will and Testament Form for Married person with Adult Children from Prior Marriage

Note This summary is not intended to be an allinclusive summary of the law of wills in Kentucky, but does include basic and other provisions. Handwritten wills, or wills where the testator cannot sign his or her name are not included.
Persons competent to make What may be disposed of Any person of sound mind and eighteen 18 years of age or over may by will dispose of any estate, right, or interest in real or personal estate that he may be entitled to at his death, which would otherwise descend to his heirs or pass to his personal representatives, even though he becomes so entitled after the execution of his will. KRS Chapter 394.00

Minor can make will, when No person under eighteen 18 years of age can make any will, except in pursuance of a power specially given to that effect, and except also, that a parent, though under eighteen 18 years of age, may by will appoint a guardian for his child. KRS Chapter 394.00, 394.030.

Requisites of a valid will No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two 2 credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other. KRS Chapter 394.00, 394.040.

Contract to make a will Not to revoke will Not to die intestate
1 A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 16, 1972, can be established only by
a Provisions of a will stating material provisions of the contract;
b An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
c A writing signed by the decedent evidencing the contract.
2 The execution of a joint will or mutual wills gives rise to no presumption of a contract not to revoke the will or wills. KRS Chapter 394.00, 394.540.

Revocation of will How effected No will or codicil, or any part thereof, shall be revoked, except
1 By subsequent will or codicil;
2 By some writing declaring an intention to revoke the will or codicil, and executed in the manner in which a will is required to be executed; or
3 By the person who made the will, or some person in his presence and by his direction, cutting, tearing, burning, obliterating, canceling, or destroying the will or codicil, or the signature thereto, with the intent to revoke. KRS Chapter 394.00, 394.080

Nonrevocation of will by marriage of testator A will shall not be revoked by the marriage of the person who made the will.

Effect of divorce or annulment of marriage of testator If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse. KRS Chapter 394.00, 394.090

Will may be deposited with clerk for safekeeping A will may be deposited by the person making it, or anyone for him, with the county clerk of the county of his residence for safekeeping, upon payment of a fee as provided for in KRS 64.012 to the clerk. The clerk shall receive, keep, and deliver the will according to the directions on a sealed envelope. If there are no such directions, or the party entitled does not apply, the will shall be handed to and opened by the District Court, after the death of the testator, and there retained for probate. KRS Chapter 394.00, 394.110

All forms provided by U.S. Legal Forms, Inc. USLF, the nations leading legal forms publisher. USLF forms are carefully reviewed and updated by attorneys. When you need a legal form, don't accept anything less than the USlegal brand. The Forms Professionals Trust.

The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two wills, one for each Spouse. It also includes Instructions.

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a selfproving affidavit statute, a state specific selfproving affidavit is also included and requires the presence of a notary public to sign the wills.

Law Summary Illinois Legal Last Will and Testament Form for Married person with Adult Children from Prior Marriage

Note This summary is not intended to provide an allinclusive discussion of the law of wills in Illinois, but does include basic and other information. This summary does not include handwritten wills.

Who may make a will Every person who has attained the age of 18 years and is of sound mind and memory may make a will. 755 ILCS 5/41

Signing and attestation Every will shall be in writing, signed by the testator and attested in the presence of the testator by 2 or more credible witnesses. 755 ILCS 5/43

Beneficiary as witness If a will shall leave property to a witness or spouse of a witness to a will, the provision to the witness is void as to that witness, unless the will is witnessed by at least 2 other independent witnesses. However, the witness is entitled to receive so much of the interest given to him by the will to the extent that he would have received if the will had not been made i.e. under the laws of intestate succession. 755 ILCS 5/46

Revocation of a will A will may be revoked only

1 by burning, cancelling, tearing or obliterating it by the testator himself or by some person in his presence and by his direction and consent,
2 by the execution of a later will declaring the revocation,
3 by a later will to the extent that it is inconsistent with the prior will or
4 by the execution of an instrument declaring the revocation and signed and attested in the manner prescribed by this Article for the signing and attestation of a will. 755 ILCS 5/47

All forms provided by U.S. Legal Forms, Inc. USLF, the nations leading legal forms publisher. USLF forms are carefully reviewed and updated by attorneys. When you need a legal form, don't accept anything less than the USlegal brand. The Forms Professionals Trust.

The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two wills, one for each spouse. It also includes instructions.

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a selfproving affidavit statute, a state specific selfproving affidavit is also included and requires the presence of a notary public to sign the wills.

Law Summary Colorado Legal Last Will and Testament Form for Married Person with Adult and Minor Children

The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two wills, one for each spouse. It also includes instructions.

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a selfproving affidavit statute, a state specific selfproving affidavit is also included and requires the presence of a notary public to sign the wills.

Execution and witnesses A will shall be
a In writing;
b Signed by the testator.
c Signed by at least two witnesses in the presence of the testator. 1511502.

Writings intended as wills Although a will was not executed in compliance with section law, the will is treated as if it had been executed in compliance with that section if the proponent of the will establishes by clear and convincing evidence that the decedent intended the will to constitute the decedent's will. 1511503.

Selfproved will A will may be simultaneously executed, attested, and made selfproved by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal. The will forms provided here contain the self proving affidavit required by Colorado. 1511504.

Who may witness An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or any provision of it. 1511505.

Choice of law as to execution A written will is valid if executed in compliance with Colorado law, or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled. 1511506.

Revocation of a Will A will or any part thereof is revoked
a By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or

b Burning, tearing, canceling, obliterating, or destroying the will or any part of it by the testator with the intent and for the purpose of revoking the will or part of it or if another individual performed the act in the testator's conscious presence and by the testator's direction. 1511507.

Incorporation by reference A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. 1511510.

Separate writing or memorandum identifying devise of certain types of tangible personal property A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. 1511513.

Contracts concerning succession A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1995, may be established only by
i provisions of a will stating material provisions of the contract,
ii an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or
iii a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 1511514.

Penalty clause for contest A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. 1511517.

Deposit of will with court in testator's lifetime A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. 1511515.

Duty of custodian of will; lodging of will after death; transfer of lodged will; liability
1 Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.
2 Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be a will is liable to any person aggrieved for the damages that may be sustained by the failure.
3 Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court. 1511516.

All forms provided by U.S. Legal Forms, Inc. USLF, the nations leading legal forms publisher. USLF forms are carefully reviewed and updated by attorneys. When you need a legal form, don't accept anything less than the USlegal brand. The Forms Professionals Trust.
Note This summary is not intended to be an allinclusive discussion of the law of wills in Colorado, but does contain basic and other information. This summary does not include a discussion of handwritten wills.
Who may make a will An individual eighteen or more years of age who is of sound mind may make a will. 1511501.

Execution and witnesses A will shall be
a In writing;
b Signed by the testator.
c Signed by at least two witnesses in the presence of the testator. 1511502.

Writings intended as wills Although a will was not executed in compliance with section law, the will is treated as if it had been executed in compliance with that section if the proponent of the will establishes by clear and convincing evidence that the decedent intended the will to constitute the decedent's will. 1511503.

Selfproved will A will may be simultaneously executed, attested, and made selfproved by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal. The will forms provided here contain the self proving affidavit required by Colorado. 1511504.

Who may witness An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or any provision of it. 1511505.

Choice of law as to execution A written will is valid if executed in compliance with Colorado law, or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled. 1511506.

Revocation of a Will A will or any part thereof is revoked
a By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or

b Burning, tearing, canceling, obliterating, or destroying the will or any part of it by the testator with the intent and for the purpose of revoking the will or part of it or if another individual performed the act in the testator's conscious presence and by the testator's direction. 1511507.

Incorporation by reference A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. 1511510.

Separate writing or memorandum identifying devise of certain types of tangible personal property A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. 1511513.

Contracts concerning succession A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1995, may be established only by
i provisions of a will stating material provisions of the contract,
ii an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or
iii a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 1511514.

Penalty clause for contest A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. 1511517.

Deposit of will with court in testator's lifetime A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. 1511515.

Duty of custodian of will; lodging of will after death; transfer of lodged will; liability
1 Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.
2 Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be a will is liable to any person aggrieved for the damages that may be sustained by the failure.
3 Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court. 1511516.

All forms provided by U.S. Legal Forms, Inc. USLF, the nations leading legal forms publisher. USLF forms are carefully reviewed and updated by attorneys. When you need a legal form, don't accept anything less than the USlegal brand. The Forms Professionals Trust.