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A Last Will and Testament is a legal document that declares how you want your property, assets, and personal belongings distributed after your death. It names an executor to manage your estate through probate, designates beneficiaries to receive specific gifts or shares of your residuary estate, and can appoint a guardian for any minor children.

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Informational use only. Not legal advice. Consult a licensed attorney for important legal matters.

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Select the state where you legally reside

Your State of Residence*

The state where you legally reside — this determines witness requirements and probate rules

Personal details of the person making this will

Your Full Legal Name*

Enter your name exactly as it appears on official identification

Your Address*

Date of Birth*

MM/DD/YYYY

Marital Status

The person who will manage your estate after your passing

Executor's Full Name*

The person responsible for carrying out the terms of your will

Executor's Address*

Executor's Relationship to You

People or organizations who will receive specific gifts

Beneficiary #1 — Full Name*

Beneficiary #1 — Relationship

Beneficiary #1 — Bequest*

Describe what this person receives — be as specific as possible (account numbers, property addresses, item descriptions)

Beneficiary #2 — Full Name

Beneficiary #2 — Relationship

Who receives everything not specifically assigned above

Residuary Beneficiary*

Who receives everything not specifically given to a named beneficiary above (the 'rest and residue' of your estate)

Nominate a guardian if you have children under 18

I have minor children and wish to appoint a guardian

Optional clauses for digital assets, funeral wishes, and contest protection

Include Digital Assets clause

Include Funeral & Burial wishes

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LAST WILL AND TESTAMENT

OF [Your Full Legal Name]

I, [Your Full Legal Name], of [Your Address], born on [Date of Birth], being of legal age and of sound mind and memory, and not acting under duress, fraud, or undue influence of any person, do hereby declare this instrument to be my Last Will and Testament.

ARTICLE I — REVOCATION OF PRIOR WILLS

I hereby revoke all prior wills and codicils that I have previously made.

ARTICLE II — FAMILY DECLARATIONS

ARTICLE III — PAYMENT OF DEBTS AND TAXES

I direct my Executor to pay all of my legally enforceable debts, funeral expenses, costs of last illness, and estate administration expenses as soon as practicable after my death. All federal estate taxes, state inheritance taxes, and any other death taxes assessed against my estate or any beneficiary thereof shall be paid from the residuary estate, unless otherwise directed herein.

ARTICLE IV — SPECIFIC BEQUESTS

I give, devise, and bequeath to [Beneficiary #1 — Full Name] the following: [Beneficiary #1 — Bequest]

If any beneficiary named in this Article IV predeceases me, the bequest to that beneficiary shall lapse and become part of the residuary estate, unless otherwise provided herein.

ARTICLE V — RESIDUARY ESTATE

I give, devise, and bequeath all the rest, residue, and remainder of my estate, including all property, real and personal, of whatever kind and wherever situated, that I own or am entitled to at the time of my death and that is not otherwise effectively disposed of by this Will, to [Residuary Beneficiary].

If [Residuary Beneficiary] predeceases me, then the residuary estate shall be distributed to such person's surviving descendants, per stirpes. If no such descendants survive me, the residuary estate shall be distributed according to the intestacy laws of the State of [Your State of Residence].

ARTICLE VI — APPOINTMENT OF EXECUTOR

I hereby nominate and appoint [Executor's Full Name], of [Executor's Address], to serve as the Executor of this Will.

I direct that my Executor shall serve without being required to post bond or other security, to the extent permitted by law.

ARTICLE VII — EXECUTOR POWERS

In addition to all powers granted by applicable state law, I grant my Executor the following powers, to be exercised in the Executor's sole discretion:

(a) To retain, sell, lease, exchange, invest, reinvest, and manage any and all property, real or personal, belonging to my estate;

(b) To settle, compromise, or release any claims in favor of or against my estate;

(d) To distribute estate assets in cash or in kind, or partly in each;

(e) To employ attorneys, accountants, investment advisors, and other professionals as reasonably necessary;

(f) To make all tax elections and allocations the Executor deems advisable.

GENERAL PROVISIONS

If any provision of this Will is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

This Will shall be governed by and construed in accordance with the laws of the State of [Your State of Residence].

IN WITNESS WHEREOF, I have hereunto set my hand on this _______ day of _________________, 20_____.

_________________________________________

[Your Full Legal Name], Testator

WITNESS ATTESTATION

The foregoing instrument was signed, published, and declared by [Your Full Legal Name] as their Last Will and Testament in our presence, and we, at their request and in their presence and in the presence of each other, have subscribed our names as witnesses thereto. We declare under penalty of perjury that the Testator signed this instrument willingly, appeared to be of sound mind and under no duress, and that each of us is at least eighteen (18) years of age and is a disinterested witness (not a beneficiary under this Will).

Witness #1:

Signature: _________________________________________

Printed Name: ______________________________________

Address: ___________________________________________

Date: ______________________________________________

Witness #2:

Signature: _________________________________________

Printed Name: ______________________________________

Address: ___________________________________________

Date: ______________________________________________

SELF-PROVING AFFIDAVIT (OPTIONAL)

STATE OF [Your State of Residence]

COUNTY OF _______________________

Before me, the undersigned authority, on this _______ day of _________________, 20_____, personally appeared [Your Full Legal Name] (Testator), and the foregoing witnesses, known to me to be the Testator and witnesses whose names are signed to the foregoing instrument, and all being duly sworn, the Testator declared to me and to the witnesses that the foregoing instrument is the Last Will and Testament of the Testator and that the Testator had willingly signed and executed it as a free and voluntary act for the purposes therein expressed. Each of the witnesses stated that they signed the Will as witness in the presence and at the request of the Testator and in the presence of each other.

_________________________________________

Notary Public

My Commission Expires: ___________________

Document Completeness0%

Select the state where you legally reside

Your State of Residence*

The state where you legally reside — this determines witness requirements and probate rules

Personal details of the person making this will

Your Full Legal Name*

Enter your name exactly as it appears on official identification

Your Address*

Date of Birth*

MM/DD/YYYY

Marital Status

The person who will manage your estate after your passing

Executor's Full Name*

The person responsible for carrying out the terms of your will

Executor's Address*

Executor's Relationship to You

People or organizations who will receive specific gifts

Beneficiary #1 — Full Name*

Beneficiary #1 — Relationship

Beneficiary #1 — Bequest*

Describe what this person receives — be as specific as possible (account numbers, property addresses, item descriptions)

Beneficiary #2 — Full Name

Beneficiary #2 — Relationship

Who receives everything not specifically assigned above

Residuary Beneficiary*

Who receives everything not specifically given to a named beneficiary above (the 'rest and residue' of your estate)

Nominate a guardian if you have children under 18

I have minor children and wish to appoint a guardian

Optional clauses for digital assets, funeral wishes, and contest protection

Include Digital Assets clause

Include Funeral & Burial wishes

What Is a Last Will & Testament?

When Do You Need It?

You should create or update a Last Will and Testament whenever a major life event occurs: getting married or divorced, having or adopting children, purchasing significant property, receiving an inheritance, or after the death of a named beneficiary or executor. If you currently have no will at all, creating one should be a priority regardless of your age or net worth. Even modest estates benefit from a clear will to avoid intestacy proceedings and family conflict.

What's Included in This Template

Testator identification and declaration
Revocation of all prior wills and codicils
Direction for payment of debts and taxes
Specific bequests to named beneficiaries
Residuary estate distribution clause
Executor and alternate executor appointment
Guardian designation for minor children
Executor powers and authority provisions
Optional: Digital assets instructions
Optional: Funeral and burial wishes
Optional: No-contest (in terrorem) clause
Witness signature block with self-proving affidavit language

How to Fill It Out

Enter Your Personal Information — Provide your full legal name, address, date of birth, and marital status. If you are married, enter your spouse's name — this is important because most states give surviving spouses statutory inheritance rights regardless of what your will says.

Appoint Your Executor — Name a trusted person to serve as your executor (also called a personal representative). This person will be responsible for filing your will with the probate court, inventorying assets, paying debts and taxes, and distributing property to beneficiaries. Consider naming an alternate in case your first choice is unable or unwilling to serve.

Designate Beneficiaries & Bequests — List each person who should receive specific property or gifts, along with a clear description of what they receive. Then name a residuary beneficiary to inherit everything not specifically assigned. Be as detailed as possible to avoid ambiguity.

Set Up Guardianship (If Applicable) — If you have minor children, check the guardianship box and name a guardian you trust to raise them. You may also name an alternate guardian. Courts give strong weight to a parent's written guardian preference, though the judge must ultimately determine the child's best interest.

Review Optional Clauses & Sign — Toggle any optional clauses you want included — digital asset instructions, funeral wishes, or a no-contest clause. After reviewing the completed document, print it and sign it in the presence of at least two disinterested witnesses (three in Vermont). Do NOT sign it digitally; a handwritten signature is required in most states.

Legal Requirements & Notes

State Witness Requirements: Most states require two (2) competent, disinterested witnesses to be present when you sign your will. Vermont requires three (3) witnesses. Louisiana has unique requirements including a notary and witnesses. Witnesses must be at least 18 years old and should not be beneficiaries under the will, as some states void gifts to attesting witnesses.

Self-Proving Affidavit: Most states recognize a self-proving affidavit, which is a sworn statement signed by the testator and witnesses before a notary public. This allows the will to be admitted to probate without requiring the witnesses to appear in court. It is strongly recommended but not required in most jurisdictions.

Holographic Wills: Approximately 27 states recognize holographic (handwritten) wills that may not require witnesses. However, typed wills generated from this template should always be properly witnessed to ensure validity across all jurisdictions.

Uniform Probate Code (UPC): Approximately 18 states have adopted some version of the UPC, which standardizes probate procedures. Even in UPC states, specific requirements can vary. Always verify your state's current requirements.

Community Property States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states. In these states, you can generally only bequeath your half of community property. Consult an attorney if you reside in a community property state.

Spousal Elective Share: Most states grant a surviving spouse the right to claim an 'elective share' (typically one-third to one-half) of the estate, regardless of what the will provides. You cannot fully disinherit a spouse without their written consent in most jurisdictions.

Digital Assets: The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted in most states and governs executor access to digital accounts. Your will's digital assets clause works in conjunction with RUFADAA and the terms of service of individual platforms.

This template provides general guidance and is not a substitute for legal advice. Estate planning laws vary significantly by state. For complex estates, blended families, business ownership, or significant assets, consult a licensed attorney in your state.