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Last Will and Testament

A Last Will and Testament directs who receives property and who manages your estate. Use attorney-drafted templates that are quick to complete and simple to finalize.

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Last Will and Testament Package

Prepare for the future with essential legal forms for your estate planning needs, all conveniently included in one package.

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What is Last Will and Testament?

A Last Will and Testament (often called a Last Will or Will) sets asset distribution, names an executor, and can nominate guardians for minors. It is ineffective until your death and typically requires a probate court approval before it is enforceable. Choose state-specific will templates for the clearest, most relevant options.

Common Last Will and Testament documents

  • Simple Will — covers basic gifts, an executor, and guardianship choices.
  • Self-Proving Will — adds a notary acknowledgment so witnesses need not appear.
  • Pour-Over Will — directs remaining assets into a living trust at death.
  • Testamentary Trust Will — creates a trust under the will for heirs.
  • Codicil — amendment to a will to update gifts or provisions.
  • Mutual or Mirror Wills — coordinated wills for spouses with aligned plans.
  • Formal Will — typed, signed, and witnessed will meeting standard formalities.

Last Will and Testament forms by State

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Similar documents: key differences

  • Last Will vs. Living Trust — a will transfers through probate; a trust manages outside probate.
  • Self-Proving Will vs. Witnessed Will — both require witnesses; self-proving adds notarized affidavits from the testator and the witnesses.
  • Last Will and Testament vs. Holographic Will — formal typed will vs. handwritten will recognized only in some states.
  • Will vs. Living Will (Healthcare Directive) — property instructions after death vs. medical choices while alive.
  • Codicil vs. New Will — codicil amends parts; a new will replaces and revokes prior terms.
  • Executor vs. Personal Representative — different terms for the same estate-handling role in many states.

  • A will controls only assets that do not pass by beneficiary designation or joint ownership.

  • Naming an executor grants authority to collect assets, pay debts, and distribute property.

  • Guardianship nominations in a will guide courts on care for minor children.

  • Many states accept self-proving wills to streamline probate with signed witness affidavits.

  • Codicils change specific terms without rewriting the entire document.

  • Your will does not manage lifetime incapacity; use powers of attorney and healthcare directives.

  • Keep the original, signed will stored safely and tell your executor how to access it. The original must be presented to the probate court.

How to get started

Begin quickly with a clear plan and the right template.

  • Find a will template or package that fits your situation, such as a simple will or testamentary trust.
  • Review the description, preview pages, and any witnessing or notarization requirements.
  • Get full access with a subscription to download and edit the Will form or Will template.
  • Complete the document in the online editor, adding gifts, executor, and guardians.
  • Export or send: download, email, USPS mail, notarize online, or send for e-signature (Premium).

Practical tip

Unsure whether to use a trust now or later? Start with a will and beneficiary designations, then add a living trust if you need ongoing control or probate avoidance.

FAQs

Not always. A will plus beneficiary designations can be enough. A living trust helps with probate avoidance and ongoing management.

State intestacy rules decide who inherits. A court appoints an administrator, which may not match your preferences.

Review after major life events and every few years. Update when beneficiaries, assets, or laws change.

Designated accounts, insurance, and transfer-on-death assets pass outside the will and usually take priority.

Yes. Use a financial power of attorney for money matters and a healthcare directive for medical choices.

Glossary

  • Last Will and Testament — Document directing property and guardians after death.
  • Executor / Personal Representative — Person managing probate and distributions.
  • Self-Proving Affidavit — Notarized witness statement validating a will.
  • Codicil — Formal amendment to an existing will.
  • Testamentary Trust — Trust created by terms of a will.
  • Beneficiary — Person or entity receiving property.
  • Residuary Estate — What remains after debts and specific gifts.
  • Intestacy — Inheritance under state law without a will.
  • Guardian — Caregiver nominated for a minor child.
  • Holographic Will — Handwritten will allowed in some states.

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