Download a free last will and testament template in PDF and Word format below. This essential estate planning document lets you specify how your assets will be distributed, name guardians for minor children, and appoint an executor. Customizable for all 50 states. Updated for 2026.
A Concrete Example
Married couple, ages 52 and 50, with two children ages 18 and 15, a house with $180,000 of equity, a $500,000 term life policy, and $340,000 in retirement accounts. They each sign a basic will that leaves everything to the surviving spouse, then to the children in equal shares, with the older child as executor and a named guardian for the minor. Total cost: free (this template), plus $30 for notarization with self-proving affidavit.
Note: the retirement accounts and life insurance pass by beneficiary designation, not by will. If the beneficiary designations name the spouse (and contingent the children), those assets bypass probate entirely. The will only controls the house and any unrelated property. This pattern — basic will plus correctly updated beneficiary designations on each account — is what handles most middle-class estates without a trust.
What is a Last Will and Testament?
A last will and testament (commonly called just a «will») is a legal document that specifies how your assets will be distributed after your death. It names beneficiaries who will inherit your property, appoints an executor to manage your estate, and can designate guardians for minor children.
If you have ever paid an attorney to draft a last will and testament, you know that the first hour is spent on standard provisions that look almost identical in every version they produce. That is because the underlying law is the same. This template gives you those standard provisions, properly assembled, so you can focus your attorney’s time (if you use one) on the parts that are actually specific to your transaction.
Why You Need a Will
- Control who inherits your assets
- Name guardians for minor children
- Avoid state intestacy laws (default distribution)
- Reduce family disputes over inheritance
- Simplify probate process
- Specify funeral wishes
- Donate to charities you support
- Protect blended family members
- Leave specific gifts to specific people
Key Components of a Will
- Testator information — full legal name, address, date of birth
- Declaration — statement that this is your will, revoking prior wills
- Executor appointment — person who will manage your estate
- Alternate executor — backup if primary can’t serve
- Guardian for minor children — who cares for kids if both parents die
- Specific bequests — particular items to specific people
- Residual estate — what happens to everything else
- Beneficiaries — who inherits what
- Conditions on inheritance — age restrictions, trusts
- Debts and taxes — how they’ll be paid
- Funeral wishes — burial, cremation, services
- Signature — testator signs in front of witnesses
- Witnesses — typically 2-3 disinterested adults
- Notarization (self-proving affidavit) — strongly recommended
How to Fill Out a Will Step-by-Step
- Download the template in PDF or Word.
- Identify yourself — full legal name, address, date of birth.
- Declare your intent — state this is your will, revoking prior wills.
- List your assets — real estate, financial accounts, valuables, personal property.
- Choose your executor — trusted person to manage your estate (often spouse, adult child, sibling).
- Name alternate executor — backup if primary can’t serve.
- Designate guardians — for any minor children (also name alternates).
- Make specific bequests — particular items to specific people.
- Define residual estate — what happens to everything not specifically gifted.
- Address debts and taxes — typically paid from estate before distribution.
- Add funeral wishes — optional but helpful for family.
- Sign in front of witnesses — 2-3 adults who aren’t beneficiaries.
- Have witnesses sign — they confirm you were of sound mind.
- Notarize (self-proving affidavit) — streamlines probate.
- Store safely — fireproof safe, attorney’s office, or court (in some states).
- Tell executor — where the original is and how to access it.
State Requirements for Wills
Each state has specific requirements:
- Age: Must be 18 or older (some exceptions for emancipated minors and military)
- Sound mind: Must understand the act of making a will
- Voluntary: Cannot be made under duress or undue influence
- Written: Most states require written wills (some accept oral wills in limited circumstances)
- Witnesses: Most states require 2 witnesses. Vermont requires 3.
- Notarization: Not required but creates «self-proving» status that simplifies probate
- Holographic wills: Handwritten wills accepted in some states without witnesses
Common Mistakes to Avoid
- Not naming a guardian for minor children — courts decide if you don’t
- Outdated wills — update after marriage, divorce, births, deaths, major asset changes
- Beneficiaries as witnesses — invalidates their inheritance in most states
- Vague language — leads to disputes («my house» — which one?)
- Forgetting digital assets — accounts, crypto, intellectual property
- No alternate beneficiaries — assets go to intestate distribution if primary dies first
- Not telling executor — they can’t manage estate if they don’t know about the will
- Storing in safety deposit box — may be sealed at death (use other secure location)
Download Your Free Last Will and Testament Template
Frequently Asked Questions
Do I really need a will?
Yes, if you want control over how your assets are distributed. Without a will, state intestacy laws decide — often distributing assets in ways you wouldn’t choose. Especially important if you have children, real estate, or specific wishes.
Can I write my own will without a lawyer?
Yes, in all 50 states. For simple estates (under $500K, no complex assets), a template is usually sufficient. For larger or complex estates, attorney review is recommended.
How many witnesses do I need?
Most states require 2 disinterested adult witnesses. Vermont requires 3. Witnesses cannot be beneficiaries or they may lose their inheritance.
Does a will need to be notarized?
Not required, but strongly recommended. Adding a «self-proving affidavit» (a notarized statement) eliminates the need for witnesses to testify at probate, saving time and complexity.
What happens if I die without a will?
You die «intestate.» State law decides who inherits — typically spouse and children first, then parents, siblings, more distant relatives. Same-sex partners, unmarried partners, and stepchildren often receive nothing.
Can I change my will?
Yes, anytime while you’re competent. Either create a new will (revoking the old one) or add a «codicil» (formal amendment). Major life events should trigger a will review: marriage, divorce, births, deaths, large asset changes.
How do I revoke an old will?
Three ways: (1) physically destroy the old will (burn, tear, shred), (2) write a new will stating it revokes prior wills, or (3) sign a separate revocation document. New marriage automatically revokes wills in some states.
Can a will be contested?
Yes, on grounds of: (1) lack of capacity (not of sound mind), (2) undue influence, (3) improper execution, (4) fraud, or (5) prior will exists. Properly drafted, witnessed, and notarized wills are very difficult to contest.
What’s the difference between a will and a trust?
A will goes through probate (public court process); a trust avoids probate. Trusts can provide ongoing management of assets; wills are one-time distributions. Most estate plans use both.
Do I need to register my will with the court?
Not until after death. Some states allow you to file with the court for safekeeping. Most people store wills in a fireproof safe, with an attorney, or in a registry service.
Related Templates
- Free Power of Attorney Template
- Free Living Will / Advance Directive
- Free Revocable Living Trust Template
- Free Codicil to Will Template
- Free Letter of Instruction
Disclaimer: This template is for informational purposes only and does not constitute legal advice. Estate planning laws vary by state and individual situation. For complex estates, blended families, or significant assets, consult an estate planning attorney.