Tangible Personal Property Memorandum
(Basic)

Summary

This template is a standalone tangible personal property memorandum that a testator can complete to direct the disposition of items of personal property to specified beneficiaries. It is non-jurisdictional and may be modified for any state. This template includes practical guidance, drafting notes, and an optional clause. The personal property memorandum provides convenience and flexibility to the testator. By using a personal property memorandum, a testator can revise the list or make a new list from time to time without drafting a codicil or changing the testator's entire will instrument. Such a separate writing is usually used to distribute smaller assets or those with sentimental value. While state requirements may vary, the memorandum generally should describe the items and beneficiaries with reasonable certainty and should be signed, dated, and referenced in the will. Many statutes authorizing a separate written list do not require it to be in existence when the will is executed; rather, it may come into existence subsequently. Be cognizant, however, that such memoranda are not legally binding in every state or jurisdiction. Even if not enforceable in a jurisdiction, a testator could still complete a memorandum to provide instruction to a personal representative or executor. Make sure to consult local statutes when drafting. See Tangible Personal Property Memoranda State Law Survey for an overview on the state-specific rules and limitations that apply to tangible personal property memorandum. You can access a Word version of this form that includes formatted template tables by clicking "Open form in Word" in the About This Document box on the right-hand side of the document view in Practical Guidance. For a general discussion of estate planning tools and strategies, see Estate Planning Strategies and Devices.