Last Will and Testament Template

A will might sound complicated, but it’s really about making sure your wishes are clear and your loved ones are looked after. In this guide, you’ll learn what a will actually does, the important people you’ll need to name, and how to put it all together so your legacy is secure.

A last will and testament is a legal declaration that directs how your estate — all the property, money, and assets you own — should be managed and distributed after you pass away. Think of this testament as a detailed instruction manual for your loved ones and the court system. Without a valid will, the laws of your state, known as intestacy laws, will determine who gets your property. This process can be lengthy, expensive, and may result in an outcome you never would have wanted.

While a comprehensive estate plan might also include other important estate planning documents like a living trust or an advance healthcare directive, the will is the fundamental building block for most people in the United States. 

A will is not just about assets; it's about appointing trusted people to carry out your instructions. When you create your last will, you will need to designate several key individuals.

The testator is simply the legal term for you — the person creating the will. To create a valid will, a testator must meet two basic requirements: be of legal age (which is the age of 18 in most states) and be of sound mind. This concept, known as testamentary capacity, means you understand you are creating a will and are aware of the nature of your estate and who your beneficiaries are.

The executor, also known as a personal representative in some states, is the person or institution you appoint to be in charge of your estate. This party is responsible for gathering your assets, paying any outstanding debt and taxes, and distributing the remaining property according to your will's instructions. When you appoint an executor, it is wise to also name an alternate who can serve if your first choice is unable or unwilling to serve when the time comes.

A beneficiary is any of the people or organizations you name in your will to inherit from your estate. A beneficiary can be a spouse, child, other family members, friends, or even a charity or nonprofit organization. Your will should clearly identify each beneficiary to avoid confusion.

For parents of young children, this is arguably the most important function of a will. Your last will and testament is the document where you can nominate a legal guardian to care for your minor children if you were to pass away. Without this designation, a court will make the decision, and it may not be the person you would have chosen.

Your will is the primary tool for directing the distribution of your estate. This includes various types of assets and specific instructions.

Whether you use an estate planning attorney or an online legal service, the steps are generally the same.

People often hear about a living trust as an alternative to a will. While both are key estate planning tools, they function differently.

A last will and testament only takes effect upon the death of the testator. The will must be submitted to a probate court, and the entire probate process is handled under the supervision of the probate court. This process is public.

A living trust, on the other hand, is created and funded while you are alive. You transfer your assets into the trust, and the trustee you appoint manages them. The primary benefit of a trust is that assets held within it do not need to go through probate, making the transfer of property after death faster and private.