Last Will and Testament Template

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A last will and testament or will is a form created by an individual that includes instructions on how they would like their property distributed after death. The person creating the will (“testator”) can name a personal representative to ensure their debts are settled and their assets are distributed to the named beneficiaries.

Last Will and Testament Template

A last will and testament or will is a form created by an individual that includes instructions on how they would like their property distributed after death. The person creating the will (“testator”) can name a personal representative to ensure their debts are settled and their assets are distributed to the named beneficiaries.

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Last updated November 18th, 2023

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A last will and testament or will is a form created by an individual that includes instructions on how they would like their property distributed after death. The person creating the will (“testator”) can name a personal representative to ensure their debts are settled and their assets are distributed to the named beneficiaries.

Downloads: 6,705

Signing Requirements

In all states, a will must be signed by two witnesses to be legally binding. Louisiana is the only state that requires notarization.


Who can be a Witness?

A witness must be at least 18 years old and be of sound mind. In most states, a person who benefits from the will, such as a spouse or named beneficiary, cannot act as a witness.

By State

Contents

Sample

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LAST WILL AND TESTAMENT OF
[TESTATOR NAME]

Effective Date: [MM/DD/YYYY]

1. TESTATOR. I, [FULL NAME], with a mailing address of [ADDRESS] (“Testator”), hereby declare this document to be my Last Will and Testament (“Will”), and I revoke any prior wills and codicils I have made.

2. FAMILY. At the time of writing this Will, I acknowledge the following family members:

Marital status: ☐ Single ☐ Married to [NAME] (“Spouse”) ☐ Divorced ☐ Widowed

Children: ☐ None ☐ [#] children:

Name: [NAME] DOB: [MM/DD/YYYY]
Name: [NAME] DOB: [MM/DD/YYYY]
Name: [NAME] DOB: [MM/DD/YYYY]
Name: [NAME] DOB: [MM/DD/YYYY]

The “Children.”

3. BENEFICIARIES. I devise and bequeath my property, both real and personal, to:

Name: [NAME] Relation: [RELATION] Residual Estate Share: [%]
Name: [NAME] Relation: [RELATION] Residual Estate Share: [%]
Name: [NAME] Relation: [RELATION] Residual Estate Share: [%]
Name: [NAME] Relation: [RELATION] Residual Estate Share: [%]

The “Beneficiaries.”

4. PERSONAL REPRESENTATIVE. I appoint [NAME] with a mailing address of [ADDRESS] (“Personal Representative”) to be my executor of this Will and exercise legal powers such as buying/selling/managing property, resolving claims and settling debts, taking out loans, filing and paying taxes, distributing the estate, and hiring professionals to assist in their duties.

Personal Representative shall receive ☐ no compensation ☐ compensation in the following manner: [TYPE OF PAYMENT].

5. PREDECEASED PARTIES. If any of the Beneficiaries predecease me, their portion of the estate shall be distributed:

☐ Equally to the remaining Beneficiaries.
☐ Equally to my heirs at law.
☐ [DISTRIBUTION PLAN]

6. SURVIVORSHIP. No person shall be deemed to have survived me if such person shall die within thirty days after my death.

7. DIGITAL ASSETS. I direct that my Personal Representative handle any digital assets I may have regarding social media profiles or any other online accounts.

8. SEVERABILITY. In the event that any provision of this Will is deemed to be
invalid, illegal, or unenforceable, such determination shall not affect the validity, legality, or enforceability of the remaining provisions of this Will, all of which shall remain in full force and effect.

9. GOVERNING LAW. This document shall be governed by and under the laws of the state in which I reside at the time of death.

Signature ________________________ Date: [MM/DD/YYYY]
Print Name: [NAME]

Related Forms (5)

Comprehensive Version – The comprehensive version is an 8-page last will and trust that includes a testamentary trust and guardianship for children and pets.

Download: PDF, MS Word, OpenDocument

Durable Power of Attorney – A document used to appoint a person to make financial decisions on another’s behalf even if they become incapacitated.

Download: PDF, MS Word, OpenDocument

Living Will – A type of will that is executed for the purposes of outlining what type of medical care they would like to receive in case they are unable to communicate these wishes on their own.

Download: PDF, MS Word, OpenDocument

Medical Power of Attorney – Often used in conjunction with a living will, this power of attorney document appoints a person to relay their medical care preferences with health care professionals if they are incapacitated.

Download: PDF, MS Word, OpenDocument

Transfer on Death Deed – A TODD enables a property owner to transfer real estate to a beneficiary after they die without going through probate court. It is only permitted in 29 states.

Download: PDF, MS Word, OpenDocument

Glossary

  • Beneficiary – A person who will receive property, cash, or other assets as mentioned in a will.
  • Decedent – The term typically used for the testator (person who created the will) after they die.
  • Devisee – Another term for a beneficiary, i.e., an individual or entity that receives assets from a person’s estate through a will.
  • Estate – Entirety of property and assets that a person owns upon their death.
  • Guardian – A person appointed by a testator to care for their minor children after death.
  • Heir – A person who will legally inherit another person’s assets if they die intestate (typically children, descendants, or close relatives).
  • Holographic Will – A handwritten will that typically does not require witnesses and is often created without the aid of legal counsel.
  • Intestate – Dying without a will.
  • Personal Representative – Also known as an executor, this is an individual appointed by the testator to manage and distribute their estate after death.
  • Predeceased – When someone dies before someone else; commonly used when a beneficiary dies before the testator.
  • Probate – The court process that approves a will and allows the property to be disbursed.
  • Residuary Estate – The part of a deceased’s estate after debts are paid and special bequests have been made.
  • Special Bequest – When the testator requests specific property to be given to certain individuals.
  • Testator – The person who creates a will.
  • Testamentary Trust – This type of trust is established by a will but is created after the testator’s death to hold assets to be distributed to named beneficiaries once predetermined conditions are met (e.g., minor children turning a certain age.)
  • Trustee – An individual appointed to manage a trust, commonly on behalf of a child.

Is a Holographic (Handwritten) Will Legal?

While the specific requirements may vary by state, there are currently 28 states that consider holographic (handwritten, unwitnessed) wills to be legal and valid.

STATE LEGAL? STATUTE
Alabama No N/A
Alaska Yes § 13.12.502(b)
Arizona Yes § 12-2503
Arkansas Yes § 28-25-104
California Yes § 6111
Colorado Yes § 15-11-502(2)
Connecticut No N/A
Delaware No N/A
Florida No N/A
Georgia No N/A
Hawaii Yes § 560:2-502(b)
Idaho Yes § 15-2-503
Illinois No N/A
Indiana No N/A
Iowa No N/A
Kansas No N/A
Kentucky Yes § 394.040
Louisiana Yes § 1575
Maine Yes § 2-502(2)
Maryland Yes § 4-103
Massachusetts No N/A
Michigan Yes § 700.2502(2)
Minnesota No N/A
Mississippi Yes § 91-5-1
Missouri No N/A
Montana Yes § 72-2-522(2)
Nebraska Yes § 30-2328
Nevada Yes § 133.090
New Hampshire No N/A
New Jersey Yes § 3B:3-2(b)
New Mexico No N/A
New York Yes § 3-2.2(b), (c)
North Carolina Yes § 31-3.4
North Dakota Yes § 30.1-08-02(2)
Ohio No N/A
Oklahoma Yes § 84-54
Oregon No N/A
Pennsylvania No N/A
Rhode Island No N/A
South Carolina No N/A
South Dakota Yes § 29A-2-502
Tennessee Yes § 32-1-105
Texas Yes § 251.052
Utah Yes § 72-2-502(2)
Vermont No N/A
Virginia Yes § 64.2-403
Washington No N/A
West Virginia Yes § 41-1-3
Wisconsin No N/A
Wyoming Yes § 2-6-113