Last Will and Testament Template
What a will controls
- Beneficiaries — who receives specific items, money, and the remainder of the estate
- Executor — the person who pays debts, files the final tax return, and distributes assets
- Guardian — who raises minor children if both parents are gone
- Contingent beneficiaries — who inherits if a first choice dies first
Assets a will does not control
Several assets pass outside the will by law. Life insurance, 401(k)s, IRAs, and payable-on-death bank accounts go to the beneficiary named on the account. Jointly owned property with right of survivorship passes to the surviving owner. Assets held in a living trust follow the trust.
Keeping beneficiary designations consistent with the will is one of the most overlooked steps in estate planning.
Making the will valid
Nearly every state requires the will to be signed by the testator in front of two adult witnesses who are not beneficiaries. A self-proving affidavit, signed before a notary, lets the court accept the will without tracking down the witnesses later.
Store the signed original somewhere the executor can find it. A copy is often not accepted by probate courts.
A note on legal advice
Easy Legal AI is not a law firm and does not provide legal advice or attorney representation. This page and the documents it creates are self-help tools. Laws differ by state and change over time — for a high-value dispute or an unusual situation, have a licensed attorney in your state review the document before you rely on it.
Frequently asked questions
›Does a will need to be notarized?
›Does having a will avoid probate?
›How often should a will be updated?
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