A will decides who gets your property, who manages your estate (the executor) and who raises your minor children. Without one, state law decides for you.
Free Last Will and Testament template
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Last Will and Testament of ____
I, ____, of ____, ____, being of sound mind, declare this to be my Last Will and Testament. I revoke all wills and codicils I made before.
1. Executor
I appoint ____ as Executor of this Will. If that person cannot or will not serve, I appoint ____. I ask that no bond be required of any Executor, to the extent permitted by law.
2. Payment of debts
My Executor will pay my legally enforceable debts, funeral expenses and the costs of administering my estate.
3. Specific gifts
____
If a beneficiary of a specific gift does not survive me, that gift becomes part of my residuary estate.
4. Residuary estate
I leave all the rest of my property, wherever located, to ____.
5. Guardian of minor children
If any child of mine is a minor at my death and has no surviving parent, I appoint ____ as guardian. If that person cannot serve, I appoint ____.
6. Executor’s powers
My Executor may sell, lease or distribute property, settle claims, and take any action a person could take with their own property, without court approval to the extent allowed by law.
7. Survivorship
A beneficiary must survive me by 30 days to receive property under this Will.
Signed by me on __, at __.
Testator: __
Witnesses
We declare that the Testator signed this Will in our presence, appeared to be of sound mind and free of undue influence, and that we signed as witnesses in the Testator’s presence and in each other’s presence. Neither of us is a beneficiary under this Will.
Witness 1: __ Address: __
Witness 2: __ Address: __
This free template is general information, not legal advice, and may not suit your state or situation. Some documents must be signed before witnesses or a notary. For anything important, have a lawyer review it.
How to make a will valid
Rules vary by state, but most require that you:
- Are at least 18 and of sound mind.
- Sign the will in front of two adult witnesses who are not beneficiaries.
- Have the witnesses sign in your presence.
Adding a self-proving affidavit signed before a notary lets the court accept the will without tracking down witnesses later. Many states have a standard self-proving form.
What a simple will can’t do well
- Avoid probate. Property passing by will usually goes through probate. A living trust, joint ownership or beneficiary designations can avoid it.
- Override beneficiary forms. Life insurance, 401(k)s and IRAs go to whoever is named on the account, not in your will.
- Complex situations. Blended families, a business, a disabled beneficiary, large estates or property in several states are worth a lawyer’s time.
Keep it safe
Store the signed original somewhere your executor can find it: a fireproof box or your state’s will registry. Photocopies usually aren’t accepted by probate courts.
Frequently asked questions
Is a handwritten will valid?
About half the states accept a holographic (handwritten, signed) will without witnesses. Witnessed wills are accepted everywhere.
Do I need a lawyer to make a will?
Not legally. A simple will made with a template and signed correctly is valid. Use a lawyer for complex estates.
Can I change my will later?
Yes. Sign a new will (which revokes the old one) or a codicil with the same signing formalities.
Questions from readers
Question about the Last Will and Testament? Ask it here. We answer common questions in general terms on this page. This is not legal advice.
