Last Will and Testament Form

Use our last will and testament to declare your final wishes about how to distribute your possessions and handle your affairs after you pass away.

last will and testament template

Updated August 19, 2024
Written by Sara Hostelley | Reviewed by Susan Chai, Esq.

A last will and testament is a legal document outlining your wishes for how your property and affairs are handled when you pass away and how you want your family to conduct your funeral.

A legally valid will must state that it’s your will with your signature and a date. You must also have two witnesses who aren’t on your will to observe your signature.

How to Amend A Will

You can do it by creating a codicil to will, which is a written amendment that alters, amends, explains, revokes, or adds to a previously executed last will and testament.

What Is a Last Will and Testament?

A last will and testament outlines what should be done with your property and other affairs after you pass away. You can use it to instruct your family members and the probate court. For example, you can:

You must be old enough to make a will.

The legal age is at least 18 in most states. A notable exception is Georgia (14+). Some states have exceptions and allow some people, such as married individuals or individuals in the armed forces, to make a will when they’re younger than the established legal age.

If you die without a will (known as dying intestate), your state’s laws define who gets your property and who cares for your children. You need a last will to choose what happens to your property and loved ones after you pass away.

Example:
Emily, a mother of two minor children, uses her last will and testament to name her sister, Sarah, as the legal guardian of her children should she and her spouse pass away unexpectedly. Emily also specifies that her children will inherit her home and savings when they reach the age of 25, with the executor managing these assets in a trust until then.

Can I Make My Own Last Will?

Yes, you can make your own will. Especially if you have a small estate, you won’t need to go through an estate planning attorney to create a simple, legally binding document.

Depending on your situation, you may choose to make a revocable living trust instead of a will. Learning the differences between a will and trust can help you determine which is right for you.

What to Include in a Last Will

The main areas that you need to pay attention to in a last will include the following:

Appointment of an Executor

The executor is the person who will settle your affairs and carry out your last will in its entirety.

The document should also name a backup executor if your first-choice executor dies or can’t fulfill their role due to any reason, like suffering from a mental health condition.

You may arrange for someone to pay the executor for their time. This payment can be a percentage of your estate or a flat or hourly fee.

Assets

Your assets are your money and property. They can be real assets (tangible personal property, land, and houses) or digital assets (such as online accounts, social media accounts, domain names, and money in various online accounts).

Identify your assets in your last will and where you’d like them to go after you pass away.

Example:
Jessica has several assets, including a family heirloom jewelry collection, a vacation home, and a substantial online business. In her will, she specifies that the jewelry should go to her daughter, the vacation home to her son, and the online business to her business partner, ensuring that each asset is allocated according to her wishes.

Beneficiaries

Beneficiaries are the people and organizations you want to receive your assets. They’re usually family and friends, but they can also be charitable organizations and other institutions where you donate your assets (like a university or church).

Before your assets go to your beneficiaries, debtors collect what you owe them from your estate. The remainder is your residuary estate.

Example:
Michael, who has no close family, decides to leave his entire estate to his alma mater, a university that played a significant role in his life. His will outlines that his estate should fund scholarships for underprivileged students in perpetuity, ensuring his legacy benefits future generations.

Note that only assets for which you’re the sole owner are part of your estate. For example, a joint bank account in your and your spouse’s names will not be part of your estate, as it becomes your spouse’s property. Shared property that won’t go into your estate also includes homes, automobiles, land, life insurance, and other assets with more than one owner on the title.

Designated Guardian(s)

A legal guardian takes responsibility for your dependent minors (children) or elders if you and your spouse are deceased or if your spouse cannot care for them after you pass away.

Funeral Arrangements

When you fill out your will form, outline your funeral wishes. Include how and where you want your family to conduct it and allocate money for them to conduct it.

Also, if you expect significant medical expenses in the days before your death, put aside funds to cover them.

Signed Witnesses

Make your last will form official by signing it and ensuring two witnesses observe your signature. While two witnesses is the standard, the number of witnesses required will vary depending on the laws in your state.

State law can also differ on who can witness the last will. Still, typically, they must be a disinterested party, of legal age, and of “sound mind.”

Testator Requirements

Here are the requirements for someone creating a will in each state:

State Requirements for the Testator Testator Law
Alabama • Be at least 18 years old and of sound mind Ala. Code § 43-8-130
Alaska • Be at least 18 years old and of sound mind Alaska Stat. § 13.12.501
Arizona • Be 18 years old and of sound mind Ariz. Rev. Stat. § 14-2501
Arkansas • Be at least 18 years old and of sound mind Ark. Code § 28-25-101
California • Be at least 18 years old and of sound mind
• A conservator can write a will the the conservatee if they have approval from a court order
Cal. Prob. Code § 6100
Colorado • Be at least 18 years old and of sound mind (Colo. Rev. Stat. § 15-11-501)
Connecticut • Be at least 18 years old and of sound mind (Conn. Gen. Stat. § 45a-250)
Delaware • Be at least 18 years old and of sound and disposing mind and memory (Del. Code tit. 12 § 201)
District of Columbia • Be at least 18 years old, of sound and disposing mind, and capable of executing a valid contract or deed D.C. Code § 18-102
Florida • Be of sound mind and either at least 18 years old or an emancipated minor Fla. Stat. § 732.501
Georgia • Be at least 14 years old unless they have a legal disability arising from a mental incapacity or some form of coercion or undue influence. Any individual convicted of a crime shall not be deprived of the authority to make a will. Ga. Code § 53-4-10
Hawaii • Be at least 18 years old and of sound mind Haw. Rev. Stat. § 560:2-501
Idaho • Be at least 18 years old or an emancipated minor and of sound mind Idaho Code § 15-2-501
Illinois • Be at least 18 years old and of sound mind and memory. If the testator was determined to be an adult with a disability before the will was executed, a rebuttable presumption of incapacity may apply. 755 ILCS 5/4-1
Indiana • Be of sound mind and at least 18 years old. A person who is younger than 18 and a member of the armed forces or the merchant marine of the US or its allies may also make a will. Ind. Code § 29-1-5-1
Iowa • Be of full age and sound mind Iowa Code § 633.264
Kansas • Be of sound mind and possessing the rights of majority Kan. Stat. § 59-601
Kentucky • Be at least 18 years old and of sound mind
• A minor can make a will if they're a parent and want to appoint a guardian for their child. A minor can also make a will if they have the explicit power to do so.
Ky. Rev. Stat. § 394.020 and Ky. Rev. Stat. § 394.030
Louisiana • The state's statutes don't specify requirements. n/a
Maine • Be at least 18 years old or a legally emancipated minor and of sound mind Me. Stat. tit. 18-C § 2-501
Maryland • Be at least 18 years old and legally competent Md. Code, Est. & Trusts § 4-101
Massachusetts • Be at least 18 years old and of sound mind Mass. Gen. Laws ch. 190B § 2-501
Michigan • Be at least 18 years old and have sufficient mental capacity. Mich. Comp. Laws § 700.2501
Minnesota • Be at least 18 years old and of sound mind Minn. Stat. § 524.2-501
Mississippi • Be at least 18 years old and with "sound and disposing mind" Miss. Code § 91-5-1
Missouri • Be at least 18 years old or a legally emancipated minor and of sound mind Mo. Rev. Stat. § 474.310
Montana • Be at least 18 years old and of sound mind Mont. Code § 72-2-521
Nebraska • Be at least 18 years old or not a minor and of sound mind Neb. Rev. Stat. § 30-2326
Nevada • Be at least 18 years old and of sound mind Nev. Rev. Stat. § 133.020
New Hampshire • Be at least 18 years old and of sane mind. A married person under 18 years old and of sane mind may also make a will. N.H. Rev. Stat. § 551:1
New Jersey • Be at least 18 years old and of sound mind N.J. Stat. § 3B:3-1
New Mexico • Be at least 18 years old and of sound mind. An emancipated minor who is of sound mind can also make a will. N.M. Stat. § 45-2-501
New York • Be at least 18 years old and of sound mind and memory N.Y. EPTL 3-1.1
North Carolina • Be at least 18 years old and of sound mind N.C. Gen. Stat. § 31-1
North Dakota • Be an adult of sound mind N.D. Cent. Code § 30.1-08-01
Ohio • Be at least 18 years old, of sound mind and memory, and not under restraint Ohio Rev. Code § 2107.02
Oklahoma • Be at least 18 years old and of sound mind. A person may make a will even if a conservator or guardian has been appointed for them. Okla. Stat. tit. 84 § 41
Oregon • Be at least 18 years old or lawfully married or emancipated and of sound mind ORS § 112.225
Pennsylvania • Be at least 18 years old and of sound mind 20 Pa. C.S. § 2501
Rhode Island • Be at least 18 years old and of sane mind R.I. Gen. Laws § 33-5-2
South Carolina • Be of sound mind and not a minor S.C. Code § 62-2-501
South Dakota • Be at least 18 years old and of sound mind S.D. Codified Laws § 29A-2-501
Tennessee • Be at least 18 years old and of sound mind Tenn. Code § 32-1-102
Texas • Be at least 18 years old and of sound mind. An individual may also create a will regardless of their age if they are married, have been married, or are a member of the US Armed Forces or US Maritime Service. Tex. Est. Code § 251.001
Utah • Be at least 18 years old and of sound mind Utah Code § 75-2-501
Vermont • Be at least 18 years old or emancipated by a court order and of sound mind Vt. Stat. tit. 14 § 1
Virginia • Be of sound mind and not an unemancipated minor. Va. Code § 64.2-401
Washington • Be at least 18 years old and of sound mind Wash. Rev. Code § 11.12.010
West Virginia • Be at least 18 years old and of sound mind W. Va. Code § 41-1-2
Wisconsin • Be at least 18 years old and of sound mind Wis. Stat. § 853.01
Wyoming • Be of legal age and of sound mind Wyo. Stat. § 2-6-101
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Executor Requirements

Here are the age and other requirements for the executor of a last will and testament:

State Age Requirement for the Executor Other Requirements for the Executor Executor Law
Alabama • 19 or older • Must not have convictions for serious crimes.
• Must be competent and capable of managing the trust, with no impairments due to substance abuse, financial irresponsibility, or mental incapacity.
• Non-residents can only serve as executors if they are already managing the same estate in another region and comply with those legal requirements.
Ala. Code § 43-2-22
Alaska • 19 or older • Must not be deemed unsuitable by the court in formal proceedings. Alaska Stat. § 13.16.065
Arizona • 18 or older • Must not be considered unsuitable by the court in formal legal proceedings.
• Must not be a foreign corporation.
Ariz. Rev. Stat. § 14-3203
Arkansas • 18 or older • Must not be a convicted and unpardoned felon in the U.S. or its territories.
• If a corporation, must be authorized to act as a fiduciary in this state.
• Must not be found unsuitable by the court.
• Non-residents must:
- Appoint the court clerk or an approved local resident as an agent for service of process and notice regarding estate matters.
- Ensure the clerk becomes the agent if the appointed person dies, becomes incompetent, or leaves the county.
- Only revoke this agent appointment with the appointment of a qualified substitute.
- Ensure the agent promptly sends any process or notice to the personal representative via registered or certified mail.
Ark. Code § 28-48-101
California • 18 or older • Must not be under conservatorship or otherwise incapable or unfit to execute the duties of the office.
• Must not be the previous executor who was removed for valid reasons.
• Must not be a non-resident of the United States.
• Must not be a surviving business partner of the deceased if an interested party objects to their appointment.
Cal. Prob. Code § 8402
Colorado • 21 or older • Must not be deemed unsuitable by the court in formal proceedings. Colo. Rev. Stat. § 15-12-203
Connecticut n/a No formal statutory requirements n/a
Delaware • 18 or older • Must not be a person convicted of a crime that disqualifies them from taking an oath. Del. Code tit. 12 § 1508
District of Columbia n/a No formal statutory requirements n/a
Florida • 18 or older • Must not have a felony conviction.
• Must not have a conviction for abuse, neglect, or exploitation of an elderly person or a disabled adult.
• Must be mentally and physically capable of managing estate matters.
• Non-residents must be related by blood, marriage, or adoption to the deceased.
• If a minor is named in the will and reaches adulthood during the administration of the estate, they may apply to be the successor executor or administrator if a vacancy arises.
Fla. Stat. § 733.303
Georgia • 18 or older • Any natural person who is legally competent (sui juris), regardless of citizenship or residency. Ga. Code § 53-6-1
Hawaii • 18 or older • Must not be deemed unsuitable by the court in formal proceedings. Haw. Rev. Stat. § 560:3-203
Idaho • 18 or older • Must not be deemed unsuitable by the court in formal proceedings. Idaho Code § 15-3-203
Illinois • 18 or older • Must be a U.S. resident.
• Must not be adjudged as a person with a disability as defined in the Act.
• Must not be currently incarcerated in state or federal prison.
• Must not have been convicted of a felony, except when
(a) Named in the will, with the testator's awareness of their felony,
(b) Not legally prohibited from receiving a share of the estate,
(c) Not convicted of financial exploitation of an elderly person or a person with a disability, or similar crimes, AND
(d) Meets other qualifications outlined above
755 ILCS 5/6-13
Indiana • 18 or older • Must not be incapacitated, except if due to physical illness, physical impairment, or physical infirmity.
• Must not be a convicted felon under U.S., state, or territory laws.
• If a corporation, must be a resident and authorized to act as a fiduciary in this state.
• Must not be deemed unsuitable by the court.
Ind. Code § 29-1-10-1
Iowa • 18 or older • For state residents:
- Must be a natural person.
- Must not be a person whom the court finds unsuitable for the role.
- U.S. or state banks and trust companies are eligible if approved by the superintendent of banking.

Witness/Signing Requirements

Explore the witness/signing requirements for a last will and testament:

State Witness/Signing Requirements Witness/Signing Law
Alabama • Two witnesses must sign. The witnesses must have witnessed either the testator's signature or the testator's acknowledgment of a signature by someone of their direction. Ala. Code § 43-8-131
Alaska • Two witnesses must sign within a reasonable time after witnessing the signing by the testator, the signing in the testator's name by another individual by the testator's direction, or the testator's acknowledgment of that signature or the will. Alaska Stat. § 13.12.502
Arizona • Two witnesses must sign within a reasonable time after witnessing the signing of the will by the testator, the signing of the will in the testator's name by some other individual by the testator's direction, or the testator's acknowledgment of that signature or acknowledgment of the will. Ariz. Rev. Stat. § 14-2502
Arkansas • Two witnesses must sign after the testator declares it's their signature. Each witness must witness the testator's signature, acknowledge the testator's signature, witness the testator's mark next to their written name, or witness the signing of the testator's name by someone else at the testator's discretion. Ark. Code § 28-25-103
California During the testator's lifetime, two witnesses must be present simultaneously and understand that the will belongs to the testator. They must either witness the testator's signature or the testator's acknowledgment of the signature or of the will. Cal. Prob. Code § 6110
Colorado • Two witnesses must sign before or after the testator's death. They must sign within a reasonable time after witnessing the testator's signature, the signature in the testator's name at the testator's direction, or the testator's acknowledgment of the signature or will. Alternatively, the will may be acknowledged by the testator before a notary public. Colo. Rev. Stat. § 15-11-502)
Connecticut • Two witnesses must sign and subscribe in the testator's presence. Conn. Gen. Stat. § 45a-251
Delaware • Two witnesses must attest and subscribe in the testator's presence. They must witness the testator's signature or the signature of some person signing for the testator at their express direction. Del. Code tit. 12 § 202
District of Columbia • Two witnesses must attest and subscribe in the testator's presence. D.C. Code § 18-103
Florida • Two witnesses must sign in each other's presence and in the testator's presence. They must witness the testator's signing or acknowledgment. Fla. Stat. § 732.502
Georgia • Two witnesses must attest and subscribe in the testator's presence. Another person may not sign the witness's name, even if they're in the witness's presence, and do so at the witness's direction. Ga. Code § 53-4-20
Hawaii • Two witnesses must sign within a reasonable time after witnesses either the testator's signature, the signature by someone else in the testator's name, or the testator's acknowledgment of the signature or will. Haw. Rev. Stat. § 560:2-502
Idaho • Two witnesses must sign after witnessing the testator's signature, the signature by another person in the testator's name, or the testator's acknowledgment of the signature or the will. Idaho Code § 15-2-502
Illinois • Two witnesses must attest and sign after witnessing the testator's signature or the signature of some person in the testator's presence and by their direction. 755 ILCS 5/4-3
Indiana • Two attesting witnesses must sign in the testator's presence and in the presence of each other after witnessing the testator's signature, acknowledging a pre-existing signature, or having someone else sign the testator's name at the testator's direction. Ind. Code § 29-1-5-3
Iowa • Two witnesses must sign at the testator's request. They must sign in the presence of each other and in the presence of the testator. Iowa Code § 633.279
Kansas • Two witnesses must attest and sign in the testator's presence after witnessing them sign the will or hearing the testator acknowledge the will. Kan. Stat. § 59-606
Kentucky • Two witnesses must sign in the testator's presence and each other's presence after witnessing the testator's signature or acknowledgment of the will. Ky. Rev. Stat. § 394.040
Louisiana • A notary and two witnesses must sign a declaration in the testator's presence and each other's presence after they witness the testator signifying or declaring that the will is their testament. The testator must sign their name on each separate page and at the end of the testament. La. Civ. Code art. 1577
Maine • Two witnesses must sign the will within a reasonable time after they witness the signing of the will or the testator's acknowledgment of their signature or the will. Me. Stat. tit. 18-C § 2-502
Maryland • Two witnesses must sign in the testator's physical presence. They may sign in the electronic presence if the electronic will satisfies the requirements for an electronic will. Md. Code, Est. & Trusts § 4-102
Massachusetts • Two witnesses must sign after witnessing the signing of the will or the testator's acknowledgment of their signature or the will. Mass. Gen. Laws ch. 190B § 2-502
Michigan • Two witnesses must sign within a reasonable after witnessing the signing of the will or the testator's acknowledgment of their signature or the will. Mich. Comp. Laws § 700.2502
Minnesota • Two witnesses must sign within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of their signature or the will. Minn. Stat. § 524.2-502
Mississippi • Two witnesses must attest to the will in the testator's presence. Miss. Code § 91-5-1
Missouri • Two witnesses must attest to and sign the will in the testator's presence. Mo. Rev. Stat. § 474.320
Montana • Two witnesses must sign the will within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of the signature of the will. Mont. Code § 72-2-522
Nebraska • Two witnesses must sign after witnessing the signing of the will or the testator's acknowledgment of the signature or the will. Neb. Rev. Stat. § 30-2327
Nevada • Two witnesses must attest to the will's signing in the testator's presence. Nev. Rev. Stat. § 133.040
New Hampshire • Two witnesses must sign the will in the testator's presence and at the testator's request to attest to their signature. N.H. Rev. Stat. § 551:2
New Jersey • Two witnesses must sign within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of their signature or the will. N.J. Stat. § 3B:3-2
New Mexico • Two witnesses must sign in the testator's presence and in each other's presence after witnessing the signing of the will. N.M. Stat. § 45-2-502
New York • Two witnesses must attest to the testator's signature within 30 days. The signature must have been acknowledged or affixed in their presence. The witnesses should sign their names and write their addresses at the end of the will. N.Y. EPTL 3-2.1
North Carolina • Two witnesses must attest to the will by signing it in the testator's presence. The testator may sign it in the witnesses' presence or acknowledge their signature.
• The witnesses don't need to sign simultaneously.
N.C. Gen. Stat. § 31-3.3
North Dakota • Two witnesses must sign within a reasonable time after witnessing the signing of the will or the testator acknowledging their signature or the will. N.D. Cent. Code § 30.1-08-02
Ohio • Two witnesses must sign in the testator's conscious presence after seeing them sign the will or hearing them acknowledge their signature on the will. Ohio Rev. Code § 2107.03
Oklahoma • Two witnesses must attest and sign their names at the end of the will. They must do so at the testator's request and in their presence. Okla. Stat. tit. 84 § 55
Oregon • Two witnesses must attest to the will and sign within a reasonable time before the testator's death. They must witness the testator (1) sign the will, (2) acknowledge the signature, or (3) direct another person to sign the testator's name. ORS § 112.235
Pennsylvania • There are no witness requirements unless the testator cannot sign the will personally or can only sign with a mark. In this instance, two witnesses must witness the testator acknowledging a signature by someone else or signing with a mark. 20 Pa. C.S. § 2502
Rhode Island • Two witnesses must attest to and witness the testator signing the will or acknowledging their signature on the will. The witnesses must be present simultaneously. R.I. Gen. Laws § 33-5-5
South Carolina • Two witnesses must sign after witnessing the testator's signature or the testator's acknowledgment of the signature or the will. S.C. Code § 62-2-502
South Dakota • Two witnesses must sign the will in the testator's conscious presence. They must sign after witnessing the signing of the will or the testator's acknowledgment of their signature. S.D. Codified Laws § 29A-2-502
Tennessee • Two witnesses must sign in the testator's presence and in each other's presence after witnessing the testator sign the will, acknowledge a preexisting signature, or command another person to sign the testator's name. Tenn. Code § 32-1-104
Texas • Two witnesses must attest to the will and sign it in their own handwriting in the testator's presence. They must be at least 14 years old. Tex. Est. Code § 251.051
Utah • Two witnesses must sign within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of their signature. Utah Code § 75-2-502
Vermont • Two witnesses must attest to the will and sign it in the presence of each other and the testator. They must sign after witnessing the signing of the will by the testator or by someone else signing in the testator's name by their direction. Vt. Stat. tit. 14 § 5
Virginia • Two witnesses must sign in the testator's presence after the testator signs of acknowledges the will. The witnesses must be present at the same time. Va. Code § 64.2-403
Washington • Two witnesses must attest to the will by signing the will or an affidavit in the testator's presence and at their request or direction. Wash. Rev. Code § 11.12.020
West Virginia • Two witnesses must sign the will in the testator's presence and each other's presence when the testator signs or acknowledges the will. The witnesses must be present simultaneously. W. Va. Code § 41-1-3
Wisconsin • Two witnesses must sign within a reasonable time of witnessing the testator's signature or witnessing the testator explicitly or implicitly acknowledge the signature or the will in their conscious presence. Wis. Stat. § 853.03
Wyoming • Two witnesses must attest to the will's execution. Please note that if the witnesses are competent at the time of attesting but become incompetent later, their later incompetency will not prevent the will's allowance. Wyo. Stat. § 2-6-112
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How to Write a Last Will (7 Steps)

Step 1 – Add Your Personal Information

In the document’s header, fill in your name as the person for whom you’re creating the last will. Then, add your address and details about your spouse and children.

Step 2 – Add the Executor’s Information

Determine who will carry out your will’s terms. Depending on your state, there might be restrictions regarding who can legally be an executor. However, all states require the executor to be 18 years old.

You should appoint a successor executor if your first choice cannot fulfill its duties.

Step 3 – Include the Executor’s Compensation and Powers

Mention if you want the executor to receive any compensation or if they should have any specific powers.

In this section, you can provide as much detail as you want about the executor’s payment or leave it to their discretion.

Step 4 – Specify the Beneficiaries of Your Assets

Personal property, cash, or remaining estate must include the person’s name and the specific assets they will receive.

After all property, expenses, and debt have been distributed, you can assign a beneficiary to the remaining estate.

Step 5 – Appoint Guardians

In this section, you’ll appoint guardians for minors, elders, or pets. You can also designate funds to ease the guardians’ burden.

Step 6 – Assign Witnesses and Signatures

Check your state laws to determine how many witnesses you need and who can legally serve as a witness where you live. In most cases, two disinterested witnesses who aren’t part of the will at all must sign the document indicating that you are of sound mind and you signed it willingly.

Step 7 – Add a Self-Proving Affidavit

A self-proving affidavit is a sworn statement that proves the will’s validity. It is signed by you and your witnesses in front of a notary public. The last will does not need a self-proving affidavit to be legal, but having one will significantly speed up the probate process for your family.

Key Terms to Learn

If you want to write your own Last Will, you need to understand the following key terms: