Documents / Personal & Family
Last Will and Testament
Direct who inherits your property, name an executor, and appoint a guardian for minor children.
Time
~12 min
Questions
16
Steps
5
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PDF · Word
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What we will cover
- 01
About You
Important: a will must be printed and signed on paper in front of witnesses. Electronic signatures are NOT valid for wills in most states.
- 02
Family
- 03
Executor
The executor administers your estate: gathers assets, pays debts, and distributes property under your will.
- 04
Guardian for Minor Children
- 05
Gifts & Residuary Estate
- 06
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State-specific versions
This document adapts to any US state during the interview. These pages cover what changes in the states where the differences matter most.
About this document
A last will and testament directs who receives your property, names the executor who will settle your estate, and — if you have young children — nominates the guardian who would raise them. Without one, your state's intestacy statute decides who inherits, in fixed shares that rarely match what a family would have chosen, and a judge picks both the administrator and the guardian without your input.
Wills carry the strictest signing rules in ordinary estate planning. Nearly every state requires you to sign in the simultaneous presence of at least two adult witnesses who take nothing under the will — a witness who inherits can forfeit the gift. Electronic signatures are not valid for wills in most states, so print the document and sign in ink. Adding a notarized self-proving affidavit lets the probate court accept the will without tracking down witnesses years later.
Common questions
Does a will need to be notarized?+
Notarization is not what makes a will valid in most states — witnesses are. What the notary is for is the self-proving affidavit, a short sworn statement signed by you and your witnesses that lets the will be admitted to probate without the witnesses testifying. It is optional almost everywhere and worth doing everywhere.
Who can witness a will?+
Any competent adult who receives nothing under the will. Most states treat a beneficiary as an 'interested' witness, and the usual penalty is that the witness loses their gift rather than that the will fails. Neighbors, coworkers, and friends who inherit nothing are the safe choice; an executor who is not also a beneficiary can typically serve.
What happens if I die without a will?+
Your estate passes under your state's intestacy law, which distributes property to a spouse, children, and then more distant relatives in a set order. A court appoints someone to administer the estate and decides guardianship of any minor children. Unmarried partners, stepchildren, friends, and charities generally receive nothing.
General information, not legal advice — laws vary by state and change over time.
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