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Last Will and Testament (Will)

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Last Will and Testament (Will)

Updated February 20, 2024

A last will and testament or will is a legal document that records how an individual (testator) chooses to distribute property, care for children, and make special wishes after their death. It should include a personal representative (executor), who is a trusted person in charge of ensuring the estate is distributed according to the will.

Table of Contents

By State

How to Make a Will (5 steps)

  1. Identify Your Assets
  2. Appoint a Personal Representative (Executor)
  3. Choose Your Beneficiaries
  4. Signing
  5. Store the Will

1. Identify Your Assets

testator writing down list of assets

Make a list of all the assets of the testator. This should also include any debts to help prepare the personal representative (executor) of the will.

2. Appoint a Personal Representative (Executor)

testator reviewing list of assets with executor

A personal representative (or executor) is a person who will be in charge of delivering the testator’s assets to the beneficiaries after death. It is common for the personal representative to be the main beneficiary or have a vested interest in the testator’s estate.

3. Choose Your Beneficiaries

testator in conversation with beneficiaries

The beneficiaries are the people who will receive the property and assets of the testator. If any children of family members shouldn’t be included, this should be specifically mentioned in the will.

4. Signing

testator signing will in front of witnesses and notary official

Under most states, a will can be signed with two disinterested witnesses (except Colorado and Louisiana, which require a notary public). However, it is highly recommended to have notarized as a last will and testament can be contested for any reason by disgruntled family members that were left out.

Self-Proving Affidavit – It is recommended to attach to the last will and allows the testator and witnesses to have their signatures notarized.

5. Store Your Will

testator reviewing will

A will is meant to be kept in a safe place with original copies provided to the beneficiaries and legal counsel. At the option of the testator, they may register the will with the probate court in their county (if applicable).

Signing Requirements: By State

State Signing Requirements
 Alabama  § 43-8-131
Two Witnesses
 Alaska  AS 13.12.502
Two Witnesses
 Arizona  § 14-2502
Two Witnesses
 Arkansas  § 28-25-102
Two Witnesses
 California  6110
Two Witnesses
 Colorado  § 15-11-502
Two Witnesses or Notary Public
 Connecticut  Section 45a-251
Two Witnesses
 Delaware  DE Title 12, Chapter 2 § 201 & 202
Two Witnesses
 Florida  FL Section 732.502
Two Witnesses
 Georgia  GA Section 53-4-20
Two Witnesses
 Hawaii  HI Section 560:2-502
Two Witnesses
 Idaho  ID Section 15-2-502
Two Witnesses
 Illinois  Section 755 ILCS 5/4-3
Two Witnesses
 Indiana  IC 29-1-5-3
Two Witnesses
 Iowa  Section 633.279
Two Witnesses
 Kansas  Section 59-606
Two Witnesses
 Kentucky  Section 394.040
Two Witnesses
 Louisiana  Art. 1577
Two Witnesses and a Notary Public
 Maine  Section 2-503
Two Witnesses
 Maryland  Section 4-102
Two Witnesses
 Massachusetts  Section 2-502
Two Witnesses
 Michigan  Section 700-2502
Two Witnesses
 Minnesota  Section 524.2-502
Two Witnesses
 Mississippi  Section 91-5-1
Two Witnesses
 Missouri  Section 474.320
Two Witnesses
 Montana  Section 72-2-522
Two Witnesses
 Nebraska  Section 30-2327
Two Witnesses
 Nevada  NRS 133.040
Two Witnesses
 New Hampshire  Chapter 551
Two Witnesses
 New Jersey  Section 3B:3-2
Two Witnesses
 New Mexico  Section 45-2-502
Two Witnesses
 New York  Section 3-1.1
Two Witnesses
 North Carolina  G.S. 31-3.3
Two Witnesses
 North Dakota  30.1-08-02. (2-502)
Two Witnesses
 Ohio  ORC 2107.03
Two Witnesses
 Oklahoma  84 OK Stat § 84-55
Two Witnesses
 Oregon  ORS 112.235
Two Witnesses
 Pennsylvania  Title 20 § 2502
Two Witnesses
 Rhode Island  Section 33-5-5
Two Witnesses
 South Carolina  Section 62-2-502
Two Witnesses
 South Dakota  Section 29A-2-502
Two Witnesses
 Tennessee  Section 32-1-104
Two Witnesses
 Texas  Sec. 251.051
Two Witnesses
 Utah  75-2-502
Two Witnesses
 Vermont  14 V.S.A. § 5
Two Witnesses
 Virginia  § 64.2-403
Two Witnesses
 Washington  CW 11.12.020
Two Witnesses
 Washington D.C. § 18-103
Two Witnesses
 West Virginia  Section 41-1-3
Two Witnesses
 Wisconsin  Section 853.03
Two Witnesses
 Wyoming Section 2-6-112
Two Witnesses

Frequently Asked Questions (9)

Is it necessary to have a will?

No, but when a person dies without a last will and testament, they leave their assets in the hands of the court system. Because of this, disputes and confusion can easily arise between family members. Every adult benefits from having a will, especially those that have assets of value.

Who can be a Witness?

A valid witness is an adult not related to the testator by blood or marriage and is not a beneficiary in their estate plan.

What if I already made a Will?

The latest version of a will is used in the probate process. The probate process commonly begins 30 days after a person’s death and allows any party to bring forward estate documents to the probate court.

Which state governs my will?

Where the testator resides is the state that governs the will, but for those that live in multiple states, the presiding state would be considered the one in which the testator pays personal income tax.

Which types of personal property can I include?

Personal property is any type of possession with value that does not include cash. Personal property includes vehicles, jewelry, collectibles, furniture, etc. A testator may choose to give all of their personal property to one person or proportionately allocate personal property to multiple beneficiaries.

What happens if a beneficiary dies?

If the primary beneficiary dies before the testator, that deceased beneficiary can be removed from the will. If a second recipient/beneficiary is listed, the property will be distributed to them. In some states that use the Uniform Probate Code, a beneficiary must survive for at least five days following a testator’s death to inherit property.

If there is no alternate beneficiary to inherit the estate upon death, the will would then be subject to the governing state’s “Anti-Lapse” Laws.

Can I appoint someone to take care of my pets?

Yes. In your will, you can select a person to be the caretaker (guardian) of your pets upon your passing.

How do I amend a will?

The testator can amend a will with a codicil to a will (or simply a “codicil”). Wills can be amended for any reason, such as changing the executor, personal representative, beneficiary(ies), or any other facet of the estate transfer. The codicil is required to be attached to the will and signed under state law.

Intestate (No Will After Death) – What Happens?

Dying intestate means that an individual passed away without a will. In this case, the court would determine how assets are handled and who is awarded real and personal property. Court decisions can take many months and must be agreed to by the family members (heirs).

If no will was recorded by the deceased individual, and the estate is valued under a certain amount (governed by state limits), the property may be distributed through a small estate affidavit.


Estate Planning Checklist

Use this checklist as a guide to ensure an individual’s estate is complete to the fullest extent by law, which includes incorporating end-of-life decisions. Power of attorney forms, for example, allows individuals to choose a representative to make financial and medical decisions on their behalf if they cannot do it themselves.

In addition, a living will allows a person to make decisions about their medical treatment requests that precede a potential incapacitating event, like donating organs in the event of death, receiving pain medication, or accepting or rejecting resuscitation measures.

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