Last Will and Testament Template

Updated: Nov 8, 2026

What Is a Last Will and Testament?

A last will and testament is a written document that directs how your property passes after your death, who carries out those directions and who cares for your minor children. The will covers real property such as land and buildings, and personal property such as furniture, jewelry, vehicles, savings and stocks.

A will can also cover digital assets, such as online accounts and cryptocurrency. It can leave gifts to people, to a charity or to another organization, and it can set money aside for funeral costs.

A video explanation:

Key Terms

A will uses a handful of terms of art. Each one below appears in the template and in this guide:

• Testator: the person who makes the will. A short clause in the will can say that gendered terms read as gender neutral.
• Beneficiary: a person or organization that receives money or other assets under the will, often called an heir in everyday speech.
• Executor: the person who carries out the will's instructions and settles your affairs. Many statutes call this role the personal representative.
• Estate: the sum of all your assets and debts.
• Residuary estate: whatever is left after the specific gifts, debts and expenses are paid.
• Attesting witness: a person who watches you sign the will and signs it too, and who can later confirm how it was signed.
• Guardian: the person who takes care of your minor children or other dependents after your death.
• Codicil: a later document that changes part of an existing will.
• Probate: the process that follows a death. The probate court determines whether your last will is valid and authorizes the executor to carry out your instructions.

What a Basic Will Template Includes

A basic will template contains the core clauses that every simple will shares: who you are, who inherits, who manages the estate and how the will is signed. Each clause below matches a part of the template.

• A title and the testator's name, city, county and state of residence
• A revocation clause that cancels earlier wills and codicils
• The names of your spouse and children
• Beneficiaries with their shares or specific gifts
• Payment of debts, funeral costs and taxes
• A residuary clause for everything not named
• A guardian for minor children and an executor with an alternate
• Your signature, the date and an attestation clause for the witnesses

Executor and Alternate Executor

The executor clause names the person who settles your estate and an alternate who steps in if the first choice dies or declines. The clause then lists the executor's powers, such as selling or renting property and managing bank, retirement and stock accounts.

A good executor is organized, trusted by your family and willing to serve. A neutral third party fits where beneficiaries may disagree.

Residuary Clause

The residuary clause sends everything the will does not name to a residuary beneficiary. It catches property you buy after signing and gifts that fail, so no asset is left without a recipient.

Guardian for Minor Children

The guardian clause names the person who raises your minor children if no parent survives. In Texas, the surviving parent of a minor may appoint a guardian of the person by will, and the court appoints that person in preference to others unless it finds a ground the statute lists, such as disqualification (Tex. Est. Code § 1104.053).

The clause works best with an alternate guardian and a short reason for your choice. The same person can also take your pets.

Custodian for a Young Beneficiary

The custodianship clause places a young beneficiary's share with a custodian until the beneficiary reaches a set age. In Florida, a minor for this purpose is an individual who has not attained the age of 21 years (Fla. Stat. § 710.102(12)). In California, a will can delay the transfer to the minor only if it provides in substance that the custodianship continues to a later age (Cal. Prob. Code § 3920.5).

Separate List of Personal Items

A separate list lets a will hand out personal belongings through a written list that you can update without re-signing the will. In California, a will may refer to a writing that directs who receives tangible personal property the will does not name, except money and property used mainly in a trade or business (Cal. Prob. Code 6132(a)). Arizona allows a written statement or list for tangible personal property other than money, when the will refers to it (A.R.S. 14-2513(A)).

Who Can Make a Will

A will is valid only when the testator meets the state's age and sound mind rules at signing. In Florida, any person of sound mind who is either 18 or more years of age or an emancipated minor may make a will (Fla. Stat. 732.501).

• New York: every person eighteen years of age or over, of sound mind and memory, may make a will (N.Y. Est. Powers & Trusts Law § 3-1.1).
• Maryland: any person may make a will if the person is 18 years of age or older and legally competent (Md. Code, Est. & Trusts § 4-102(a)).
• Texas: a person of sound mind may make a will if, at the time the will is made, the person is 18 years of age or older, is or has been married, or is a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service (Tex. Est. Code § 251.001).
• Louisiana: a minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa, that is, by testament (La. Civ. Code art. 1476).

How to Write a Will in 6 Steps

Writing a will takes six steps, from choosing the type of will to storing the signed original. The list gives the order; each step is explained below it.

1. Choose the type of will.
2. List your assets and how each one passes.
3. Pick your beneficiaries, executor, guardian and witnesses.
4. Decide on any special wishes.
5. Fill out the will and sign it.
6. Store the original and tell your executor where it is.

1. Choose the Type of Will

The type of will decides how much of the drafting you do yourself. A typed will built from a template suits a simple estate, a lawyer suits a complex one, and a handwritten will carries the most risk.

Option 1: Self-Created Will

A self-created will is one you prepare yourself, typed from a template or written by hand. A handwritten will is called a holographic will; it can introduce conflicting terms, be hard to find and draw legal challenges. A typed template with standard clauses avoids most of those problems.

Option 2: Seek Legal Assistance

An attorney drafts the will to your circumstances, and the cost depends on the attorney and the estate. A lawyer is worth the cost when you leave assets to recent acquaintances, disinherit a family member, own a business or have property in more than one state.

2. Catalog Your Assets

The asset list shows what the will actually controls. List real estate, vehicles, accounts, valuables and digital assets, and note who owns each one with you.

List accounts with a named beneficiary separately, such as life insurance and retirement plans, and check how each passes. Property held in a trust passes under the trust's own terms.

Marriage changes what is yours to give in community property states. In Texas, community property consists of the property, other than separate property, acquired by either spouse during marriage (Tex. Fam. Code § 3.002). In California, each spouse's interests in community property during the marriage are present, existing and equal (Cal. Fam. Code § 751). In Arizona, a person's separate property and his share of community property pass to the persons named in the will (Ariz. Rev. Stat. § 14-3101).

3. Consider Key Roles in Your Will

The roles in a will are beneficiaries, an executor, a guardian and the witnesses. Ask each person first, so they understand the role before you name them.

• Beneficiaries: describe each gift clearly, mix percentages and specific items if you like, and say what happens if a beneficiary dies before you.
• Executor: choose a trusted, organized person and name a backup.
• Guardian: weigh age, location, values and finances, and name an alternate.
• Witnesses: choose adults who receive nothing under the will; the signing section below explains why.

4. Consider Any Special Wishes

Special wishes add instructions beyond who gets what, such as burial or cremation preferences or the care of a pet. Keep them short and specific, since the executor reads them after your death.

5. Fill Out and Finalize the Will Form

The will form becomes final when you sign it in front of your witnesses. The clause-by-clause guide and the signing section below walk through both.

For a smoother probate process, consider making your last will and testament self-proving by attaching a self-proving affidavit.

6. Consider Post-creation Safeguards

The signed original belongs in a safe place your executor can reach, such as a home safe or with your attorney. Keep a record of its location and give your executor a copy or the location.

Basic Last Will Template

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How to Fill Out a Last Will Template Clause by Clause

A last will template is filled out clause by clause, from the title down to the witnesses' signatures. Plain language works; the clauses below are the ones a basic will needs.

1. Write the title and identify yourself.
2. Revoke all earlier wills and codicils.
3. List your spouse and children.
4. Name beneficiaries and their shares.
5. Direct payment of debts, expenses and taxes.
6. Say where property goes if no beneficiary survives.
7. Set up custodianship for young beneficiaries.
8. State any intentional omissions.
9. Name a guardian and an alternate.
10. Name your executor and list the executor's powers.
11. Add the miscellaneous provisions, then sign and date.
12. Have your witnesses complete the attestation clause.

Step 1: Establish the Testator

The heading of the will reads "Last Will and Testament of [Your Name]." The heading shows that you meant to make a will, not a letter of wishes.

The first paragraph gives your name, city, county and state, which ties the will to the place you live.

Step 2: Include a Revocation Clause

The first clause should state that this is your "last" will, overriding any previous wills and codicils you may have written.

Step 3: List Family Members

The family clause names your spouse and each child, with the children's birth dates. It also says whether you have other living children or descendants of a child who has died.

Step 4: Indicate Beneficiaries and Their Shares

The beneficiary clause lists each beneficiary's name, address and relationship to you, with a specific item or a percentage of the estate. You can split the estate equally or leave particular assets to particular people.

Step 5: Cover Taxes and Other Expenses

The expenses clause authorizes your executor to pay funeral costs, debts and any estate or inheritance tax, and to settle claims against the estate. Heirs can owe estate or inheritance tax in some places, which lowers what they receive.

Step 6: Fill Out the No Survivors Part

The next clause is called "Distribution if no survivors". Here, briefly state what should be done to your property in case none of your beneficiaries survive you.

Step 7: Review the Custodian Accounts Clause

The custodianship clause names who holds a young beneficiary's share and until what age. The custodian section above gives the cited age rules for Florida and California.

Step 8: State If You Want to Disinherit Someone

The omission clause says that any family member not named as a beneficiary is left out on purpose, not by oversight.

A no-contest clause takes away the share of a beneficiary who challenges the will, and its effect differs by state. In Florida, a provision in a will purporting to penalize any interested person for contesting the will is unenforceable (Fla. Stat. § 732.517). In Texas, such a forfeiture clause is enforceable unless the person who sued shows just cause and good faith (Tex. Est. Code § 254.005(a)).

Step 9: Assign a Guardian (optional)

The guardian clause gives the guardian's name, city, county and state, and an alternate in case the first choice is unable to serve. A will with no dependents skips this clause.

The same clause often waives a bond for the guardian. Two common wordings follow.

Step 10: Establish Your Executor

The executor clause names your executor with city, county and state, plus an alternate in case the first executor has died or is abroad when you die.

The powers clause follows. It authorizes the executor to sell or rent your property, manage retirement plans, bank accounts and stocks, and hire an accountant or financial advisor.

Step 11: Review the Misc. Section

The miscellaneous provisions define terms that could read as ambiguous, such as "child", "issue" and "my Executor".

A delivery provision says beneficiaries do not pay the cost of delivering the personal property left to them.

The clause should end with the words: "IN WITNESS WHEREOF, I subscribe my name…" and include the date you created it. Don't forget to add your signature and printed name below the clause.

Step 12: Complete the Attestation Clause

The attestation clause is the witnesses' signed statement of how the will was signed. It says that you declared the document your will, asked them to act as witnesses and signed while they watched together.

The clause then confirms your age and sound mind, and that no duress, menace, fraud or undue influence produced the will. It ends with the date, the place of signing and each witness's name, signature and address.

How to Sign a Will: Witness Requirements by State

A will takes effect only when signed by the testator and attested by the witnesses its state's statute names, which is two in most of the statutes below. The steps below follow the order of a typical signing.

1. Find your state in the table and read the condition next to its rule.
2. Pick adult witnesses who receive nothing under the will.
3. Gather everyone in one room at one time.
4. Tell the witnesses the document is your will.
5. Sign and date the will at the end while they watch.
6. Have each witness sign the attestation clause and print an address.
7. Add a self-proving affidavit, if you use one, before an officer authorized to give oaths.

Last Will and Testament Signing Requirements by State

Each row comes from the state's own statute and keeps the condition the statute attaches to its rule.

Michigan is not in the table because our sources hold no witness count from its execution rule. Under Mich. Comp. Laws 700.2502(2), a will that does not comply with subsection (1) of that section is valid as a holographic will, whether or not witnessed, if it is dated and the testator's signature and the document's material portions are in the testator's handwriting (Mich. Comp. Laws 700.2502(2)).

Pennsylvania is not in the table because our sources hold no witness rule for it. Under 20 Pa.C.S. § 2502, every will shall be in writing and signed by the testator at the end, subject to the rules and exceptions that section lists.

Can a Beneficiary Witness a Will?

In New York, a gift to an attesting witness is void unless at least two other attesting witnesses receive nothing under the will (N.Y. Est. Powers & Trusts Law § 3-3.2(a)(1), (3)).

• Ohio: if a gift is made to a person who is one of only two witnesses, the gift is void (Ohio Rev. Code Ann. § 2107.15).
• Texas: if a devisee is also a subscribing witness and the will cannot be otherwise established, the bequest is void, except as the section provides (Tex. Est. Code § 254.002).
• Illinois: a gift to a witness or the witness's spouse is void as to that person, unless the will is otherwise duly attested by enough other witnesses (755 ILCS 5/4-6(a)).
• Florida: a will is not invalid because an interested witness signs it, when the witness signs under Fla. Stat. § 732.504(2).

Self-Proving Affidavit

A self-proving affidavit lets a will prove its own signing in probate, so the court need not call the witnesses. In Texas, a self-proved will is one to which a self-proving affidavit subscribed and sworn to by the testator and witnesses is attached or annexed (Tex. Est. Code § 251.101). In Florida, a will or codicil executed in conformity with s. 732.502 may be made self-proved (Fla. Stat. 732.503).

Handwritten (Holographic) Wills

A holographic will is a will in the testator's own handwriting, and only some statutes accept it without witnesses. In California, a will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator (Cal. Prob. Code § 6111(a)).

• Arizona: valid whether or not witnessed, if the signature and the material provisions are in the testator's handwriting (A.R.S. § 14-2503).
• Colorado: valid whether or not witnessed, if the signature and material portions are in the testator's handwriting (Colo. Rev. Stat. § 15-11-502(2)).
• New York: a holographic will is valid only if made by a member of the armed forces during a war or armed conflict, a person serving with such a force, or a mariner at sea (N.Y. Est. Powers & Trusts Law § 3-2.2(b)).

How to Change or Revoke Your Will

A will changes by a new will, a codicil or, for a revocation, by destroying it with intent. In California, a will is revoked by a later will that revokes it expressly or by inconsistency, or by being burned, torn, canceled, obliterated or destroyed with the intent of revoking it, by the testator or by another person in the testator's presence and at the testator's direction (Cal. Prob. Code § 6120).

In Texas, a written will may not be revoked except by a later will, codicil or written declaration executed with like formalities, or by the testator destroying or canceling it (Tex. Est. Code 253.002).

Divorce can rewrite a will without a new signature. In Texas, if the testator's marriage is dissolved after the will is made, the will reads as if the former spouse had failed to survive, unless the will expressly provides otherwise (Tex. Est. Code § 123.001(b)(1)).

When to Update Your Will

A will needs review after any change in family, property or residence. These events are the usual triggers:

• Getting married
• Getting a divorce
• A new domestic partnership
• The birth of a new baby or an adoption
• A new stepchild
• Death of a child, spouse, or other beneficiaries
• Adding or removing a beneficiary
• Moving from a common law property state to a community property state, or the other way around
• A significant change in your estate's value
• Changing guardians for your dependents

Related Documents

A will works alongside a few documents that change it, prove it or cover what it does not. Keep them with your will so your executor finds them together.

Codicil to Will

A codicil is a document that specifies minor changes to your will. Codicils typically change the executor, update beneficiaries' names and addresses or add a gift of a newly acquired asset. A codicil changes a will, so sign it with the formalities the table above gives for your state's wills. Most rows of that table name two witnesses; a Louisiana notarial testament is executed before a notary public in the presence of two witnesses (La. Civ. Code art. 1576); and in Texas a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses (Tex. Est. Code § 251.052). After three or four codicils, a new will is easier for your executor to follow.

Self-proving Affidavit

A self-proving affidavit is a sworn statement attached to the will that confirms how it was signed. The self-proving section above gives the Texas and Florida rules.

Living Trust

A living trust holds assets during your life and passes them to your heirs under its own terms. A simple will still covers property the trust does not own.

Living Will

A living will, also called a health care directive, states your wishes regarding end-of-life medical treatment and life-prolonging medical procedures.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.