Wills And Estate
Last Will and Testament
Say who receives what, who administers your estate, and who raises your children — in a document that revokes whatever came before it.
Available product levels
Advanced Legal Documents
$49.99Deeper planning, state-specific formalities, and supporting documents.
When to use this document
- Making a will for the first time
- Replacing an old will after marriage, divorce, a birth, or a death
- Naming a guardian for minor children
- Leaving specific items or amounts to named people or organisations
Information you will need
- Your details, marital status, and the family members and beneficiaries involved
- Who administers the estate, and a successor if they cannot
- Whether the personal representative must post a bond
- A guardian for any minor children, and a successor guardian
- Specific gifts, and who receives the remainder of the estate
- What happens if a beneficiary does not survive you
- The governing state
What you receive
- A Last Will and Testament revoking prior wills
- Testator and witness signature blocks
- A self-proving affidavit
- Completion, signing, and storage instructions
- PDF and editable DOCX export
Special situations
- Execution is what makes a will valid, and the requirements differ by state: how many witnesses, whether they must watch you sign, whether they must be disinterested, and whether a notary is needed. Getting this wrong invalidates an otherwise perfect document.
- A witness who inherits under the will can lose that gift in many states, and their involvement invites scrutiny. Use witnesses who take nothing.
- A spouse generally cannot be disinherited entirely. Most states give a surviving spouse an elective share regardless of what the will says.
- Assets with a beneficiary designation — retirement accounts, life insurance, payable-on-death accounts — pass outside the will. Naming them in the will does not override the designation on file.
- Blended families, business interests, property in several states, a beneficiary with a disability, or an expected challenge all warrant advice rather than a form.
Jurisdiction
Will formalities are set by state law and vary on witness count, presence, witness eligibility, notarisation, self-proving affidavits, spousal rights, and how a will interacts with non-probate assets. This document states no witness count and reproduces no state's prescribed form, and directs you to confirm what applies where you sign.
Frequently asked questions
How many witnesses do I need?
It depends on your state, and this document deliberately does not state a number. Most require two, some require them to watch you sign, and some add further conditions. Confirm the rule where you sign — this is the single most common reason a home-made will fails.
Can a family member be a witness?
They can, but not one who inherits. In many states a witness who receives a gift under the will forfeits it, and their involvement raises questions about the whole document. Use adults who take nothing under the will.
What is a self-proving affidavit?
A sworn statement signed by you and your witnesses before a notary. Where recognised, it lets the will be admitted without tracking down witnesses years later. It does not fix a will that was executed incorrectly.
Does my will control my retirement account or life insurance?
Generally no. Those pass by beneficiary designation directly to whoever is named on the account, regardless of what your will says. If the designation is out of date, updating it matters more than the will does for that asset.
Can I leave my spouse out?
Usually not completely. Most states give a surviving spouse a right to claim a share of the estate whatever the will provides. If that is your intention, it needs advice and often a separate marital agreement.
What happens if I marry, divorce, or have a child after signing?
Those events can change how a will operates, sometimes substantially and sometimes automatically. Review the will after any of them — a codicil handles a small change, but a significant life event usually calls for a new will.
Related documents and guides
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Last reviewed July 29, 2026.