Last Will and Testament Template

We’ve collaborated with legal experts and proofreaders to create a free last will and testament template. It’ll ensure that your assets are protected in the event of your death.

What is a Last Will and Testament?

A last will and testament is a legal document outlining how a person’s assets should be distributed after death. It can also include the naming of a guardian for any minor children. A will ensures that your wishes are carried out after your death. Without one, your assets will be distributed following state law, which you may not want.

More specifically, a will includes several vital pieces of information and may include the following:

Your name and date of birth
Your spouse’s name and date of birth (if applicable)
The names of your children (if applicable)
The names of any other beneficiaries
A description of your assets
A statement of who you want to be your executor
A statement of who you want to be the guardian of your minor children (if applicable)

It’s essential to have your will reviewed by an attorney to ensure it’s valid and enforceable. You should also upgrade your will whenever your circumstances change, such as getting married, having children, or getting divorced.

Here are some reasons why it’s crucial to have a last will and testament:

To ensure that your assets are distributed according to your wishes
To appoint a guardian for your minor children
To avoid probate, which is the legal process of distributing your assets after you die
To save your family time and money

Last Wills vs. Living Wills

A last will and testament is a legal document outlining how a person’s assets should be distributed after death. This includes any property, cash, shares, assets, and personal effects. It also nominates a guardian for any minor children.

On the other hand, a living will outline a person’s preferences for end-of-life care. Do they want to be on life support? Do they want to receive artificial nutrition and hydration? These are the sorts of things that a living will clarify.

Understanding the separate functions of both types of legal documents is important. A last will is concerned with what happens after you die. A living will details what happens if you become incapacitated, unable to make your own decisions regarding medical care.

You should have both a last will and testament and a living will in place. Doing so will protect your assets, loved ones, and also yourself.

DISCLAIMER: We are not lawyers or a law firm and we do not provide legal, business or tax advice. We recommend you consult a lawyer or other appropriate professional before using any templates or agreements from this website.

When to Use a Template for Last Will and Testament

There are several instances when someone should consider creating a last will and testament. We’ve listed some of them below:

- Getting married or divorced: Things can get complicated and messy when your marital status changes. A last will and testament can protect your estate whether you’re getting married or divorced. It ensures your assets are distributed according to your wishes.
- Having children: A will can nominate a preferred guardian to care for your children in the event of your death. It can also specify how you want your assets distributed to them.
- Acquiring assets: It’s a good idea to update your will whenever you acquire new assets. This could include a new car, house, or business you own.
- Reaching a certain age: Death is an inevitability, and as you age, you must face that reality. A will can ensure your wishes are enforced, and your estate is distributed among your loved ones accordingly.

Download our Last Will and Testament

The implications of not using a last will and testament can be catastrophic. That’s why we’ve created a simple template to help you to protect your assets, loved ones, and also yourself.

Click below to get a copy of our template today

What Should Be Included in a Last Will and Testament

A last will and testament should include several key pieces of information. Six of these elements are listed below.

Executor

Your last will and testament should include an executor. This is someone appointed to administer a deceased person’s last will and testament. The executor’s primary responsibility is to carry out and manage the wishes and affairs of the deceased.

In normal circumstances, the individual who makes the will—the testator—decides who the executor is. However, one will be appointed by the court if an executioner hasn’t been designated. It’s also worth mentioning that there can be several executors.

An executor for your last will and testament is important because they can help with the distribution of your estate. Assets must be allocated to beneficiaries as per your wishes; there are likely to be disputes with co-executors and heirs.

Beneficiaries

The beneficiaries of your will are the individuals and parties you want your estate to be distributed to. This can include your spouse, children, parents, extended family members, friends, or even charities you care about. It can also include a nominated guardian if you have any minor children.

Beneficiaries on your will are important because they ensure your assets are distributed according to your wishes. Having beneficiaries can also help you resolve disputes and, in some cases, save on taxes.

Naming beneficiaries is a standard step when drafting up a last will and testament. Consider your wishes, relationships, and financial situation.

Assets

A last will and testament is all about how your estate should be distributed according to your wishes. This can include all of your assets: your home, real estate property, cars, bank accounts, cash, investments, and personal property.

It’s crucial to include all of your assets in your will. If they aren’t, your estate will be distributed according to the laws of intestacy, which most likely won’t align with your wishes. Clearly outlining your assets and what you want to do with them shall avoid disputes among your heirs and beneficiaries. Certain assets may also be inherited tax-free if included in your will.

You can add your estate to your last will and testament as you draft the document. Make sure to detail how you want each asset to be divided among your beneficiaries.

Outstanding Debts

Debts that haven’t been paid in full are called outstanding debts. They can be owed to businesses, organizations, or individuals. Some specific examples include credit card debt, student loans, mortgage debt, and car loans.

Outstanding debts aren’t passed on to your beneficiaries; your estate pays for them. This occurs before any assets are distributed. However, there are exceptional circumstances where a beneficiary might help with outstanding debts. For instance, if they’re a business partner and co-signed a loan with the deceased.

Your designated executor is responsible for paying off your outstanding debts. They’ll use your assets to do this. Three types of debt can be considered outstanding debts on your last will and testament:

Secured debts: Debts that are secured by collateral, such as your house or car.
Unsecured debts: Debts that aren’t secured by collateral. Examples include credit card debt, personal loans, and medical bills.
Taxes: Any taxes owed, such as property taxes, estate taxes, and income taxes.

If the executor is unable to pay off all of the outstanding debts, creditors may be able to file a lawsuit against the estate. This could result in a court order that forces the estate to sell assets or borrow money to pay off outstanding debts.

Funeral expenses are also an expenditure that can be considered an outstanding debt. Your last will and testament should cover all of your assets and name an executor. It may also include instructions for how the executor should prioritize assets to pay off any outstanding debts.

Testator Signature

Your last will and testament require a signature from the testator. This is the individual who creates the will– you. The testator must sign the will in the presence of their witnesses and must also be there when the witnesses give their signatures.

The witnesses are necessary because they help to legitimize the document and make it official. A testator’s signature proves that the testator was of sound mind and free from undue influence when they signed the will. It can also help deter forgery fraud.

As the testator, it’s your responsibility to find witnesses and produce a signature. This is a standard procedure when drafting up a last will and testament.

Witness Signatures

Witness signatures are needed for your last will and testament to be valid. This is a signature from someone who’s not a beneficiary of your estate, and the amount of witness signatures required varies from state to state. It’s usually two but can be up to three or four.

The testator must be present when the witnesses give their signatures. Each state has its own unique considerations regarding what constitutes a witness. For instance, in some states, witnesses must be adults who aren’t related to the testator by blood or marriage. You can get your will notarized by a public official if you can’t find any viable witnesses.

Witness signatures are important because they help validate your will and nominated testator. It can also help prevent fraud. You’ll have to find appropriate witnesses to sign your last will and testament while drafting it. Make sure you check your state’s specific signing requirements.

Last Will and Testament Laws by State

As aforementioned, the laws regarding last will and testaments vary by state. For example, the signing requirements differ; most states require two witnesses; Colorado and Louisiana also require a notary public. The types of property you can include in a will, and the rules for challenging a will also vary by state.

We’ve put together this table for your convenience:

State	State Law	Signing Requirement
Alabama	§ 43-8-131	Two Witnesses Required (2)
Alaska	§ 13.12.502	Two Witnesses Required (2)
Arizona	§ 14-2502	Two Witnesses Required (2)
Arkansas	§ 28-25-102	Two Witnesses Required (2)
California	§ 6110	Two Witnesses Required (2)
Colorado	§ 15-11-502	Two Witnesses (2) and a Notary Public Required
Connecticut	§ 45a-251	Two Witnesses Required (2)
Delaware	§ 201 to 202	Two Witnesses Required (2)
Florida	§ 732.502	Two Witnesses Required (2)
Georgia	§ 18-103	Two Witnesses Required (2)
Hawaii	§ 560:2-502	Two Witnesses Required (2)
Idaho	§ 15-2-502	Two Witnesses Required (2)
Illinois	Section 755 ILCS 5/4-3	Two Witnesses Required (2)
Indiana	§ 29-1-5-3	Two Witnesses Required (2)
Iowa	§ 633.279	Two Witnesses Required (2)
Kansas	§ 59-606	Two Witnesses Required (2)
Kentucky	§ 394.040	Two Witnesses Required (2)
Louisiana	§ Art. 1577	Two Witnesses (2) and a Notary Public Required
Maine	§ 2-502	Two Witnesses Required (2)
Maryland	§ 4-102	Two Witnesses Required (2)
Massachusetts	§ 2-502	Two Witnesses Required (2)
Michigan	§ 700-2502	Two Witnesses Required (2)
Minnesota	§ 524.2-502	Two Witnesses Required (2)
Mississippi	§ 91-5-1	Two Witnesses Required (2)
Missouri	§ 474.320	Two Witnesses Required (2)
Montana	§ 72-2-522	Two Witnesses Required (2)
Nebraska	§ 30-2327	Two Witnesses Required (2)
Nevada	§ 133.040	Two Witnesses Required (2)
New Hampshire	§ 551	Two Witnesses Required (2)
New Jersey	§ 3B:3-2	Two Witnesses Required (2)
New Mexico	§ 45-2-502	Two Witnesses Required (2)
New York	§ 3-1.1	Two Witnesses Required (2)
North Carolina	§ 31-3.3	Two Witnesses Required (2)
North Dakota	§ 30.1-08-02. (2-502)	Two Witnesses Required (2)
Ohio	§ 2107.03	Two Witnesses Required (2)
Oklahoma	§ 84-55	Two Witnesses Required (2)
Oregon	§ 112.235	Two Witnesses Required (2)
Pennsylvania	§ § 2502	Two Witnesses Required (2)
Rhode Island	§ 33-5-5	Two Witnesses Required (2)
South Carolina	§ 62-2-502	Two Witnesses Required (2)
South Dakota	§ 29A-2-502	Two Witnesses Required (2)
Tennessee	§ 32-1-104	Two Witnesses Required (2)
Texas	§ 251.051	Two Witnesses Required (2)
Utah	§ 75-2-502	Two Witnesses Required (2)
Vermont	§ 14 V.S.A. § 5	Two Witnesses Required (2)
Virginia	§ 64.2-403	Two Witnesses Required (2)
Washington	§ 11.12.020	Two Witnesses Required (2)
Washington D.C.	§ 18-103	Two Witnesses Required (2)
West Virginia	§ 41-1-3	Two Witnesses Required (2)
Wisconsin	§ 853.03	Two Witnesses Required (2)
Wyoming	§ 2-6-112	Two Witnesses Required (2)

Please note that this isn’t an exhaustive list of last will and testament laws by state. The laws in each state may vary, so it’s important to consult with an attorney to ensure that your will is valid and enforceable.

Using a Template for Last Will and Testament

A last will and testament is a complex document that takes much time and effort to assemble. Although we recommend consulting with an attorney, a template can be a good place to start. It can provide several benefits and kickstart the will drafting process.

Templates can help you to ensure that your will is valid and enforceable. They are generally created by attorneys and adhere to state laws. Legal experts and proofreaders have reviewed our free last will and testament template.

You can also save time and money by using a template. Hiring an attorney can be expensive, with hourly rates in the hundreds of dollars. You can cut down on the time spent with an attorney by using a template.

You can ensure that your wishes are carried out by using a template. Although your attorney is a legal expert and you trust them, you must know the details of your will. A template guarantees you’ve added all of the important provisions regarding your estate.

There are some general guidelines you should follow if you want to use a template to write a will. For starters, find a template that’s appropriate for your needs. With so many different templates available online, be sure you select one that’s specific to your needs and state laws.

Make sure you completely fill out the template and provide accurate information. Also, remember to find two witnesses who aren’t beneficiaries of your will. Ensure they are there when you, the testator, sign the document. Lastly, keep your will in a safe place.

As with any legal document, be clear and concise and use plain language that’s easy to understand. Be specific with your wishes. Don’t forget to consult with an attorney, even if you’re using a template. They can ensure your will is valid and enforceable.

How to Amend a Last Will and Testament

A last will and testament isn’t a “one-and-done” document; it’s something that’s continually updated before death. Your wishes regarding your estate will likely evolve over time. You may have a falling out with a family member, loved one, or friend; you may get divorced and remarry.

You should amend your last will and testament to match these potential changes. This editing and altering process can be confusing, so we’ve provided some easy steps to follow below.

1. Identify the changes you want to make: What has changed in your life that has caused you to amend your will? Perhaps you want to change how your estate is divided among your beneficiaries. Maybe you want to remove a beneficiary or add a new one altogether.
2. Write a codicil: A codicil is a document that allows you to amend your existing last will and testament officially. Make sure that it’s written similarly to your will and is signed and witnessed in the same manner.
3. Sign and date the codicil: Ensure that your codicil is signed and dated the same way as your last will and testament.
4. Have the codicil witnessed: The codicil, like your will, must be witnessed by people in the same way your will was. Remember to consider the specific laws of your state.
5. Store the codicil with your will: Once complete, store your codicil with your will in a secure location.

Don’t forget to have your codicil reviewed by your attorney to ensure it’s legally enforceable. Also, update it when your circumstances change.

Download our Last Will and Testament

The implications of not using a last will and testament can be catastrophic. That’s why we’ve created a simple template to help you to protect your assets, loved ones, and also yourself.

Click below to get a copy of our template today

Frequently Asked Questions

FAQs About a Last Will and Testament Template

Below are some of the common questions people have about last will and testament.

Is there a free will template?

There are plenty of free will templates available online. You can find several options by entering “free will template” into Google or another search engine. Or you could simply use Signaturely’s free last will and testament template offered on this page. It has everything you need and is completely customizable.

Is there a will template in Word?

Yes, there’s a will template available in Microsoft Word. In fact, there are several options; you can search “will template” in the template gallery to find some. Just remember that a template isn’t a legal document but a starting point. Consult with your attorney to help customize the will for your unique circumstance.

What is the simplest form of a will?

The simplest form of a will is a holographic will. This is a will that’s handwritten and signed by a testator. Holographic wills aren’t required to be witnessed in most states. Whether or not they’re valid and enforceable depends on what state you’re in.

How do I format my will?

There’s no universal method to format your will; however, there are general guidelines that you can follow. Adhering to these will make your will easy to understand.

First, start by stating your name, date of birth, and the date you sign the will. Next, identify beneficiaries; these are people who your assets will go to. You can also nominate an organization as a beneficiary if you wish.

After that, outline your wishes for how you want your assets to be distributed. You can state how much and what each specific beneficiary gets from your estate. Lastly, find viable witnesses that watch as you sign your will.

Does a will need to be notarized?

There’s no universal method to format your will; however, there are general guidelines that you can follow. Adhering to these will make your will easy to understand.

Does a will need to be notarized?

Whether or not a will needs to be notarized depends on your state. Most of them don’t require notarization; Colorado and Louisiana are two that do. Consult with your attorney if you’re unsure about the state you reside in.

What You Need to Remember About a Template for Last Will and Testament

A last will and testament is a legal document that states the wishes of a deceased person regarding their estate. It ensures that their assets are distributed to the beneficiaries they have nominated.

This free template can help you create your own last will and testament.

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