A last will and testament is a legal document outlining how you wish an executor to distribute your assets and property to your beneficiaries after your death. The last will is essential because it ensures that a probate court divides your estate and bequeaths assets to those you wish to inherit them. Easily customize and download this last will and testament to establish your needs.
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A final will and testament is beneficial to everyone. This legal document specifies how your possessions will be divided after death, ensuring your last desires are honored. Writing a will can be complicated, and it must abide by state law to be recognized.
You're in the perfect place if you need to understand exactly how to write a will. In addition, you may create and download our printable last will and testament PDF agreement. We also go over everything else you should know about a last will and testament so that you can ensure your final desires are carried out.
What Is a Last Will and Testament?
A last will and testament is a legal document specifying how a person wants specific assets and property distributed after passing. The beneficiaries receive assets following a person's passing. These assets are distributed by an executor appointed in terms of the last will and testament of the deceased. The role of the executor is to:
Locate the original and most recent will of the deceased;
Identify and gather the assets of the estate;
File an inventory of the estate’s assets in court according to state rules;
Ascertain the value of the assets;
Undertake a title search for any real property belonging to the deceased and determine if there are any encumbrances connected to the property;
Protect the assets pending distribution to beneficiaries;
Reach out to the beneficiaries and notify them of the intention to probate the will;
Ascertain if there are any public or private pensions payable to the estate and pursue the relevant claims procedure;
Inform the appropriate government agencies of the death; and
Distribute the assets.
Insight
Also, an executor of the will is in charge of specific financial operations, such as:
Notifying banks, credit unions, trust companies, or any other financial institution where the deceased held an account.
Determining if the deceased had an insurance policy and submitting a claim if the proceeds are payable to the estate.
Paying cash legacies as outlined in the will and oversee the transfer of personal effects to the appropriate individuals.
Paying any debts and liabilities owed by the estate.
Filing the appropriate tax returns for the deceased.
If any beneficiaries are minors, the last will and testament will be used to appoint a guardian responsible for their upbringing until they become legal adults. The guardian can make decisions for the child (such as which school the child will attend) and manage the child’s finances.
Parties of the Last Will & Testament
There are several parties involved in a will, and it is important to understand the role of each when writing your last will and testament:
Testator –– The person writing the will and giving away their assets to the beneficiaries.
Beneficiaries –– The individuals or organizations named in the will who will receive one or more of the assets from the testator’s estate.
Executor or Personal Representative –– The person given the responsibility to carry out the wishes of the testator and distribute the assets to the beneficiaries at the point of death.
Trustee or Custodian –– The person who will manage assets given to a beneficiary set to receive the property at a later date (often the case with children who are beneficiaries).
Legal Guardian –– The person that the testator chooses to care for any dependent children left without a living parent after the testator dies.
Warning
If a person dies intestate, or without a will, his/her estate, including the distribution of all assets, is settled by the courts.
Key Terms
There are several other unusual terms you might come across when trying to write a last will and testament. Here is a look at the key terms to be aware of:
Bequeath –– Another word for “give” that is used when leaving property to a beneficiary.
Bequest –– A gift of any personal property (property that isn’t real estate) at the point of death.
Heir –– The person who automatically receives ownership of the property after death when there is no last will and testament in place.
Intangible Property –– Assets that cannot be seen or distributed physically to beneficiaries: copyrights, patents, etc.
Personal Property –– All assets that are not real estate property.
Real Property –– Any real estate property, including land and houses.
Residuary Estate –– Any property that is not specifically distributed in the will. Often used after distributing personal items to specific beneficiaries, then leaving the “residue estate” to X.
Warning
It's recommended to consider your assets and include a provision for everything that you wish to distribute to your beneficiaries. It is also suggested to provide some “what-if” provisions for circumstances in which a named beneficiary cannot inherit as intended (e.g., the beneficiary has died).
Why Is a Last Will & Testament Important?
A last will and testament contract is essential for ensuring that a probate court will divide a person’s estate according to their wishes. The document allows people to bequeath assets to their loved ones. In the case of minors, a will enables a parent to designate trusted guardians over them.
Insight
Overall, the last will and testament will save family members from stress and possible disagreements that may arise from trying to figure out how to divide a loved one’s estate.
Who Needs a Last Will & Testament?
Any person over the age of 18 who has any sort of investments, assets, real property, or dependents should have a will. A properly created last will and testament is the best way to protect the people and things you care about.
What Should Be Included in a Will?
If you have a small estate, download this last will and testament template to create a legally enforceable document. For larger estates, consider hiring legal counsel to evaluate your last will and testament and advise you on any potential legal repercussions. You must mention each of the following in your will:
Personal Information A statement confirming the testator's mental and legal capacity should be included in the personal information section. Ensure the statement nullifies any previous wills you may have written and was prepared free from any unfair influence.
Appointment of an Executor All components of your last will and testament must be carried out under the direction of the executor. When leaving the assets to your beneficiaries, grant the executor the authority to make any required adjustments, such as paying off debts and for funerals. It may be beneficial to name a trustworthy professional attorney as executor rather than a beneficiary.
Assets, Bequests, and Requests This section includes a person's obligations in addition to their property and assets. After paying any debts and final expenses, your beneficiaries will split your assets as you have directed. Some wills provide that for beneficiaries to be eligible to inherit, they must first outlive (or, in the case of a firm, continue to exist) the testator for a predetermined number of days.
Please specify any particular instructions you may have in this section, such as how you would like the executor to handle your funeral or remains.
Designated Guardians If you die as the only parent, you can assign legal guardians for your minor children in this section of your final will and testament. Only include this section If you have dependents, such as young children, for which you are legally responsible.
Signed Witnesses Examine the rules and regulations of your state, and add a section for your signature as well as the signatures of two witnesses. Most states except Pennsylvania want at least two signatures from reliable witnesses. Consult the list of laws for each state further down this page before signing your last will and testament, as it will become legally binding.
**Please consider that this is a non-exhaustive list and these are the standard terms for the contract.**
How To Write a Last Will and Testament
Provide the variable information after obtaining the last will and testament form. Be careful to include the current legal names of chosen executors, guardians, or beneficiaries. To make the paperwork process easier, gather the specifics of all your properties and assets in preparation.
1. Add Personal Information
Proceed to fill in the relevant descriptive information about yourself, including:
Name and address;
Marital status; and
Number of children and their dates of birth.
2. Add Executor Information
The selection of an executor is covered in the next section of the last will and testament example. Identify the person you choose to handle your estate's administration and representation. Identify a secondary executor who should take over if the primary executor cannot perform their duties due to unforeseen reasons.
3. List Your Assets
When creating your final will and testament, inventory your possessions. Any valuable items should be on this list, which can range from general (such as identifying a collection of items) to very precise (such as naming each piece of jewelry or property).
4. Add Designated Guardians
Provide the legal names and addresses of at least two potential guardians who will care for your dependents. If the first individual (or couple) is unwilling or unable to serve as guardian, the second person (or couple) listed is your backup choice.
5. Outline Your Bequests and Requests
If you have one inheritor, include the name of a second person if the first inheritor passes away before you do. Make sure to assign specified assets to the appropriate person. Provide the current legal names and addresses of the recipients.
6. Signed Witnesses
After signing the last will and testament in front of two witnesses, allow them to do the same. The document must be signed in your presence, ideally on the same day you sign it. However, the time that signatures must be present varies per state. If you require legal counsel, contact a lawyer.
When To Change or Revise Your Last Will & Testament
Below are some examples of major life events that might require you to update your will:
You have a new child or become a grandparent;
Your marital status changes (married, divorced, or widowed);
Your wealth and assets suddenly increase in value;
Your assets suddenly decrease in value;
You move to a different state in the US;
Your health deteriorates or you’re diagnosed with a terminal illness;
You fall out with a beneficiary and wish to remove them from your will.
Insight
It is advisable to write a will and last testament at a young age so that your property is distributed as per your wishes in the unlikely event of early death. However, it is essential to update your will every three to five years. You should also review your will after major life changes, e.g. a marriage, divorce, death, birth of a child, etc. to ensure your family is protected and your wishes are fulfilled.
How To Amend a Will
A will amendment involves some work. By including a codicil, you can modify your last will and testament. This is not a replacement for your will; rather, it is an additional document that is appended to it. A codicil requires witnesses and signatures, just like a will.
A codicil is frequently thought to be easier to write than a new will. However, you can easily write a brand new will from scratch with our printable final will and testament template. Fill in the blanks on our form with your details, download the PDF template, and sign the contract to make it enforceable. A new will should always be kept in a secure location.
If you write a new will, you must revoke your old one by nullifying all copies of it. This can be done in one of three ways:
In your new will, state that you wish to revoke your previous one;
Purposefully destroy the will and any copies by tearing, burning, or shredding them; or
Wills may be revoked by state laws, such as those in California, after a marriage or divorce.
Will vs Living Trust
Both wills and living trusts are used to help manage and distribute assets after death. However, the two are subtly yet notably different:
Will
A last will and testament specifies how the decedent wants an executor to handle their property and assets and only takes effect once the decedent passes away. The document names the beneficiaries and appoints guardians for the minor children of the decedent.
Living Trust
In a living trust, a person specifies how they want their assets to be handled and dispersed after they pass away. Trusts, however, may also be utilized during the grantor's lifetime, hence the phrase "living trust."
Both wills and living trusts play an important role in estate planning. To help you decide on the right legal document for your situation, here we evaluate the pros and cons of each:
Will
Advantages:
A last will and testament is much cheaper to set up than a living trust.
The process for writing a will is simple and can often be drafted without obtaining legal advice.
You can appoint a guardian for children in a will.
Disadvantages:
All assets in the will have to pass through probate, which can be a longwinded and complex process.
Have to pay probate fees for every asset that passes through probate.
Probate takes around one year on average.
Living Trust
Advantages:
At death, there is no estate administration or probate. The successor trustee simply distributes the assets.
No probate court costs or filing fees.
No delay in distributing assets to your chosen beneficiaries.
Living trusts enable you to specify who can manage your property if you become incapacitated, which isn’t possible with a will.
Disadvantages:
You cannot appoint a guardian for any children in a living trust.
A living trust is more complicated and usually requires the help of a professional attorney.
Living wills must be notarized, adding an extra step and cost to the process.
How To Use a Last Will and Testament
Your last will and testament has to be stored safely once it has been written. It is wise to create many copies of your will in case the original is misplaced or damaged. Ensure you update it frequently, following any significant life events.
Once you die, your last will and testament becomes effective, and it is up to the executor to carry out your final desires as stated in the instrument.
Common Use Cases
A last will and testament is an integral part of estate planning and is crucial for anyone who wants control over their property after death. Below are some reasons people choose to have a will:
To gain control over who receives your assets after death;
To ensure estranged relatives or others don’t get their hands on your assets;
To identify and appoint a guardian for your children so it isn’t left to the courts;
To speed up the time taken for your heirs to receive their assets;
To give gifts and charitable donations to meaningful non-profits;
To save on estate taxes.
When Not To Use the Last Will and Testament
Although a will is useful for managing many assets, it is not useful for some asset classes. If you have any of the following types of property, a will won’t be useful:
Jointly owned property;
Property already assigned to a living trust;
Pension plan with assigned beneficiaries;
Stocks and shares in accounts signed to beneficiaries;
Money in a payable-on-death bank account.
A will and testament should also be avoided if you want to avoid the probate process. All property and assets on your will need to pass through probate court. This can be a long and costly process, and your last will and testament is made public.
State Law
For your last will and testament to be considered legally valid, it must be signed and created as per state law. If you have moved to another state, you must check that your will conforms to the laws of your new jurisdiction – otherwise, it will not be honored. Here is an overview of the key differences found in state law:
State Law
Alabama
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Ala. Code Title 43, Chapter 8, Article 7
State Law
Alaska
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Alaska Stat. Title 13, Chapter 12, Article 5
State Law
Arizona
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Ariz. Rev. Stat. Ann. Title 14 § 14-2501
State Law
Arkansas
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Ark. Code Title 28, Subtitle 3, Chapter 25 § 28-25-101
State Law
California
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Cal. Prob. Code, Division 6, Part 1, Chapter 1 § 6100
State Law
Colorado
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Colo. Code Title 15, Part 5 § 15-11-501
State Law
Connecticut
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Conn. Gen. Stat. Ann. Title 45a, Chapter 802a § 45a-250
State Law
Delaware
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Del. Code Title 12, Chapter 2, Subchapter 1 § 201
State Law
Florida
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Fla. Stat. Ann. Title XLII, Chapter 732 § 732.501
State Law
Georgia
Holographic wills are NOT recognized;
Testators of 14 years or older and of sound mind are required.
State Law:Ga. Code Ann. Title 53, Chapter 4, Article 2 § 53-4-10
State Law
Hawaii
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Haw. Rev. Stat. Title 30 A, 560 § 560-2-501
State Law
Idaho
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Idaho Code Title 15, Chapter 2, Part 5 § 15-2-501
State Law
Illinois
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Ill. Comp. Stat. Chapter 755; Probate Act of 1975 Article IV.
State Law
Indiana
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required;
Testators may be of younger age if they're a member of the armed forces.
State Law: Ind. Code Ann. Title 29, Chapter 5 § 29-1-5-1
State Law
Iowa
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Iowa Code, Title XV, Chapter 633 § 633.264
State Law
Kansas
Holographic wills are NOT recognized;
Testators of 18 years possessing the rights of majority; or older and of sound mind are required.
State Law: Kan. Stat. Ann. Chapter 59, Article 6 § 59-601
State Law
Kentucky
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required;
Minor parents that need to appoint a guardian can be a testator of younger age.
State Law: Ky. Rev. Stat. Ann. Chapter 394 § 394-020
State Law
Louisiana
Holographic wills are recognized;
The age of testators is not specified; however, Article 1577 of the Louisiana Civil Code stipulated certain requirements for the form of testament.
State Law: La. Civ. Code Ann. art. 1577
State Law
Maine
Holographic wills are recognized;
Testators of 18 years and of sound mind as well as legally emancipated minors of sound mind are required.
State Law: Me. Rev. Stat. Ann. Tit. 18-C; Probate Code, Article 2, Part 5 § 2-501
State Law
Maryland
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind and legally competent to make a will are required.
State Law: Md. Stat. Ann. Title 4, Subtitle 1 § 4-101
State Law
Massachusetts
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Mass. Gen. Laws Title II, Part II, Chapter 191b
State Law
Michigan
Holographic wills are recognized;
Testators of 18 years or older are required. They should also have sufficient mental capacity, satisfying certain requirements specified in § 700.2501 of 2021 Michigan Compiled Laws.
State Law: Mich. Comp. Laws Chapter 700, 1998 Statute Act 386, Article II § 700-2501
State Law
Minnesota
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Minn. Stat. Ann. Chapter 524 § 524.2-501
State Law
Mississippi
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Miss. Code Ann. Title 91, Chapter 5 § 91-5-1
State Law
Missouri
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required;
Any minor emancipated by adjudication, marriage, or entry into active military duty may be recognized as testators.
State Law: Mo. Rev. Stat. Title XXXI, Chapter 474 §§ 474-310
State Law
Montana
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Mont. Code Ann. Title 72, Chapter 3, Part 5 § 72-2-521
State Law
Nebraska
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Neb. Rev. Stat. Chapter 30 § 3-2326
State Law
Nevada
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Nev. Rev. Stat. Chapter 133 § 133.020
State Law
New Hampshire
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required;
Married persons under 18 of sound mind may be also recognized as testators.
State Law: N.H. Rev. Stat. Ann. Title LVI § 551:1
State Law
New Jersey
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: N.J. Stat. Ann. Title 3B § 3B:3-1
State Law
New Mexico
Holographic wills are NOT recognized;
Testators of 18 years and of sound mind as well as legally emancipated minors of sound mind are required.
State Law: N.M. Stat. Ann. Chapter 45 Article 2 § 45-2-501
State Law
New York
Holographic wills are NOT recognized, except for a member of the armed forces, a person who serves an armed force during war or armed conflict, or a mariner while at sea;
Testators of 18 years and of sound mind and memory are required.
State Law: NY EPT Chapter 17-B, Article 3, Part 1 § 3-1-1
State Law
North Carolina
Specific requirements apply to holographic wills;
Testators of 18 years or older and of sound mind are required.
State Law: N.C. Gen. Stat. Chapter 31 § 31-1
State Law
North Dakota
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: N.D. Cent. Code Title 30.1, Chapter 30.1-08
State Law
Ohio
Holographic wills are NOT recognized;
Testators of 18 years or older, of sound mind, and NOT under restraint are required.
State Law: Ohio Rev. Code Ann. Title 21, Chapter 2107 § 2107.02
State Law
Oklahoma
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Okla. Stat. Ann. Title 84, § 84-41
State Law
Oregon
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required;
Testators of younger age if lawfully married or emancipated may be recognized as testators.
State Law: Or. Rev. Stat. Ann. Volume 03, Chapter 112 § 112.225
State Law
Pennsylvania
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Pa. Cons. & Uncons. Stat. Ann., Title 20, Chapter 25 § 2501
State Law
Rhode Island
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: R.I. Gen. Laws Title 33, Chapter 33-5, § 33-5-2
State Law
South Carolina
Holographic wills are NOT recognized;
Any individual of sound mind and NOT a minor is required to be a testator.
State Law: S.C. Code Ann. Title 62, Article 2, § 62-2-501
State Law
South Dakota
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: S.D. Codified Laws Title 29A, Chapter 02 § 29A-2-501
State Law
Tennessee
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Tenn. Code Ann. Title 32, Chapter 1, Part 1 § 32-1-102
State Law
Texas
Holographic wills are recognized;
Testators of 18 years or older, married or a member of the US armed forces, and of sound mind are required.
State Law: Tex. Stat. Ann., Estates Code, Title 2, Subtitle F, Chapter 251 § 251.001
State Law
Utah
Holographic wills are recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Utah Code Ann. Title 75, Chapter 2 Part 5 § 501
State Law
Vermont
Holographic wills are NOT recognized;
Testators of 18 years or older, emancipated by court, and of sound mind are required.
State Law: Vt. Stat. Ann. Title 14, Chapter 1 § 5
State Law
Virginia
Holographic wills are recognized;
Testators of 18 years or older and emancipated minors of sound mind are required.
State Law: Va. Code Ann. Title 64-2, Chapter 4 § 64-2-401
State Law
Washington
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Wash. Rev. Code Ann. Title 11 Chapter 11-12 § 11-12-010
State Law
West Virginia
Holographic wills are recognized;
Testators of 18 years or older and emancipated minors of sound mind are required.
State Law: WV Code Ann. Chapter 41, Article 1 § 41-1-1
State Law
Wisconsin
Holographic wills are NOT recognized;
Testators of 18 years or older and of sound mind are required.
State Law: Wis. Stat. Ann. Chapter 853 § 853-01
State Law
Wyoming
Holographic wills are recognized;
Testators of 18 years or older and emancipated minors of sound mind are required.
State Law: Wyo. Stat. Ann. Title 2 Chapter 6 Article 1 § 2-6-101
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Frequently Asked Questions
What should you not include in a last will and testament?
Business interests: You should leave out any business interests from your last will and testament to facilitate a seamless transition and expedite the probate procedure.
Personal wishes: Your wishes could be best expressed in a letter of intent or a trust for greater control over your estate.
Certain property: Accounts with a named beneficiary that, upon death, automatically distribute funds to the beneficiary. Property that is jointly owned vests instantly in each co-owner. Also, another distinct asset not subject to probate is trust property..
What are the eight steps of preparing a will?
Although it might appear complicated, creating a last will and testament only requires eight simple steps. Use our template to speed up the process as you proceed by following the steps below:
Choose how to create your will: While some prefer a will, others prefer to place their inheritance in a living trust, reducing taxes and guaranteeing that heirs follow their desires.
Create a list of assets: Include your accounts and other vital assets, such as personal property, real estate, stocks, and pensions.
Choose your beneficiaries: Decide on who or what you want to get your property when you pass away. They could be people, businesses, or nonprofit organizations.
Choose a guardian: If you have young children, you must decide who you want to be their guardian if you die before they turn 18.
Draft the will: It's wise to speak with a lawyer who can provide insightful advice. Or, you can download our basic form and fill it out with your details for a quicker and more affordable option.
Name your executor: According to your last will and testament, this individual is responsible for the asset distribution.
Make your will official: Most states demand that two witnesses, both of whom must be at least 18 and not be beneficiaries of the will, sign your will, and some further want that it be notarized.
Keep your will updated: Ensure that your will is updated regularly or following a significant life event, such as a change in marital status or the sale or purchase of the real estate.
Can I write my own will and get it notarized?
Yes, it’s possible to draft your own will and have it notarized. You can find the nearest notarization services by searching "Notary Public in X," and replacing "X" with your area's district or neighborhood.
Your will must adhere to the proper format and contain all necessary components to be considered legally valid. When bringing your will in for notarization, double-verify this to ensure it will be accepted. This is where our template for a will and living testament can help! Use our form to ensure you haven't forgotten any crucial details.
It's also important to remember that notarization might not be necessary. Only some states have this criterion. The document is valid without being notarized if doing so is not required in your jurisdiction. For your convenience, fill out our form, have witnesses sign it, and you have a valid last will and testament.
