A will is a legal document that lets you decide:
Who should get your belongings (like money, property, or personal items);
Who should care for your children or pets;
Who will make sure your wishes are followed (called an “executor”).
You don’t need to include everything — just what matters to you.
No. You can list only the items or money you want to give. Anything not included in your will may be handled by the court based on your state’s laws, so it’s a good idea to include anything important.
You can name a person to care for your pets and even set aside money for their food, vet care, and other needs. That way, you know they’ll be in good hands.
Yes, you can. If you want to support a cause you care about, just write the full name of the charity in your will and how much you want to give. You can give part or all of your money — it’s completely up to you.
If you have a small estate, download this standard will template to create a legally enforceable document. For larger estates, consider hiring legal counsel to evaluate your last will and testament and advise you on any potential legal repercussions. You must mention each of the following in your will:
Personal Information
A statement confirming the testator's mental and legal capacity should be included in the personal information section. Ensure the statement nullifies any previous wills you may have written and was prepared free from any unfair influence.
Appointment of an Executor
All components of your last will and testament must be carried out under the direction of the executor. When leaving the assets to your beneficiaries, grant the executor the authority to make any required adjustments, such as paying off debts and for funerals. It may be beneficial to name a trustworthy professional attorney as executor rather than a beneficiary.
Assets, Bequests, and Requests
This section includes a person's obligations in addition to their property and assets. After paying any debts and final expenses, your beneficiaries will split your assets as you have directed. Some wills provide that for beneficiaries to be eligible to inherit, they must first outlive (or, in the case of a firm, continue to exist) the testator for a predetermined number of days.
Please specify any particular instructions you may have in this section, such as how you would like the executor to handle your funeral or remains.
Designated Guardians
If you die as the only parent, you can assign legal guardians for your minor children in this section of your final will and testament. Only include this section If you have dependents, such as young children, for which you are legally responsible.
Signed Witnesses
Examine the rules and regulations of your state, and add a section for your signature as well as the signatures of two witnesses. Most states except Pennsylvania want at least two signatures from reliable witnesses. Consult the list of laws for each state further down this page before signing your last will and testament, as it will become legally binding.
In most states, you don’t have to notarize your will for it to be valid. But it does need to be signed in front of two witnesses. Notarizing it can help the court process go faster, especially if you add a “self-proving affidavit” (our template can include that too).
For your last will and testament to be considered legally valid, it must be signed and created as per state law. If you have moved to another state, you must check that your will conforms to the laws of your new jurisdiction – otherwise, it will not be honored. Here is an overview of the key differences found in state law:
State Law: Ala. Code Title 43, Chapter 8, Article 7
State Law: Alaska Stat. Title 13, Chapter 12, Article 5
State Law: Ariz. Rev. Stat. Ann. Title 14 § 14-2501
State Law: Ark. Code Title 28, Subtitle 3, Chapter 25 § 28-25-101
State Law: Cal. Prob. Code, Division 6, Part 1, Chapter 1 § 6100
State Law: Colo. Code Title 15, Part 5 § 15-11-501
State Law: Conn. Gen. Stat. Ann. Title 45a, Chapter 802a § 45a-250
State Law: Del. Code Title 12, Chapter 2, Subchapter 1 § 201
State Law: Fla. Stat. Ann. Title XLII, Chapter 732 § 732.501
State Law: Ga. Code Ann. Title 53, Chapter 4, Article 2 § 53-4-10
State Law: Haw. Rev. Stat. Title 30 A, 560 § 560-2-501
State Law: Idaho Code Title 15, Chapter 2, Part 5 § 15-2-501
State Law: Ill. Comp. Stat. Chapter 755; Probate Act of 1975 Article IV.
State Law: Ind. Code Ann. Title 29, Chapter 5 § 29-1-5-1
State Law: Iowa Code, Title XV, Chapter 633 § 633.264
State Law: Kan. Stat. Ann. Chapter 59, Article 6 § 59-601
State Law: Ky. Rev. Stat. Ann. Chapter 394 § 394-020
State Law: La. Civ. Code Ann. art. 1577
State Law: Me. Rev. Stat. Ann. Tit. 18-C; Probate Code, Article 2, Part 5 § 2-501
State Law: Md. Stat. Ann. Title 4, Subtitle 1 § 4-101
State Law: Mass. Gen. Laws Title II, Part II, Chapter 191b
State Law: Mich. Comp. Laws Chapter 700, 1998 Statute Act 386, Article II § 700-2501
State Law: Minn. Stat. Ann. Chapter 524 § 524.2-501
State Law: Miss. Code Ann. Title 91, Chapter 5 § 91-5-1
State Law: Mo. Rev. Stat. Title XXXI, Chapter 474 §§ 474-310
State Law: Mont. Code Ann. Title 72, Chapter 3, Part 5 § 72-2-521
State Law: Neb. Rev. Stat. Chapter 30 § 3-2326
State Law: Nev. Rev. Stat. Chapter 133 § 133.020
State Law: N.H. Rev. Stat. Ann. Title LVI § 551:1
State Law: N.J. Stat. Ann. Title 3B § 3B:3-1
State Law: N.M. Stat. Ann. Chapter 45 Article 2 § 45-2-501
State Law: NY EPT Chapter 17-B, Article 3, Part 1 § 3-1-1
State Law: N.C. Gen. Stat. Chapter 31 § 31-1
State Law: N.D. Cent. Code Title 30.1, Chapter 30.1-08
State Law: Ohio Rev. Code Ann. Title 21, Chapter 2107 § 2107.02
State Law: Okla. Stat. Ann. Title 84, § 84-41
State Law: Or. Rev. Stat. Ann. Volume 03, Chapter 112 § 112.225
State Law: Pa. Cons. & Uncons. Stat. Ann., Title 20, Chapter 25 § 2501
State Law: R.I. Gen. Laws Title 33, Chapter 33-5, § 33-5-2
State Law: S.C. Code Ann. Title 62, Article 2, § 62-2-501
State Law: S.D. Codified Laws Title 29A, Chapter 02 § 29A-2-501
State Law: Tenn. Code Ann. Title 32, Chapter 1, Part 1 § 32-1-102
State Law: Tex. Stat. Ann., Estates Code, Title 2, Subtitle F, Chapter 251 § 251.001
State Law: Utah Code Ann. Title 75, Chapter 2 Part 5 § 501
State Law: Vt. Stat. Ann. Title 14, Chapter 1 § 5
State Law: Va. Code Ann. Title 64-2, Chapter 4 § 64-2-401
State Law: Wash. Rev. Code Ann. Title 11 Chapter 11-12 § 11-12-010
State Law: WV Code Ann. Chapter 41, Article 1 § 41-1-1
State Law: Wis. Stat. Ann. Chapter 853 § 853-01
State Law: Wyo. Stat. Ann. Title 2 Chapter 6 Article 1 § 2-6-101