Will and testament builder

Template only - not legal advice. Will execution requirements (witnesses, notarization, signing procedures) vary by state and must be followed exactly for a will to be valid. Have an estate planning attorney review this document, especially for larger estates, blended families, or complex assets. See our full disclaimer.

1. Your information

Your full legal name

State of residence

City / county of residence

Marital status

2. Executor

Primary executor's full name

Relationship to you

Alternate executor's full name (if primary can't serve)

3. Children and guardianship

Do you have minor children?

4. Beneficiaries and distribution

Beneficiaries and what they receive List each beneficiary, their relationship, and their share or specific bequest.

Specific gifts of particular items (optional)

If a beneficiary predeceases you, their share should:

5. Final arrangements and pets

Do you have pets you want to provide for?

Funeral or final arrangement wishes (optional)

Your last will and testament

Get an estate planning attorney review

An estate planning attorney confirms your will meets your state's exact execution requirements (witnesses, notarization, self-proving affidavit), and can advise on trusts or other planning tools that may better fit your situation.

What happens if I die without a will?

Dying without a will ("intestate") means your state's intestacy laws determine who inherits your property, in an order set by statute - typically spouse and children first, then more distant relatives if none survive you. This may not match your actual wishes, especially for unmarried partners, stepchildren, or friends you'd want to include, since intestacy law generally only recognizes legal family relationships.

For parents of minor children, dying without a will also means a court decides who becomes their guardian, without your input, which can be an unnecessarily stressful and uncertain process for surviving family during an already difficult time. Naming a guardian is one of the most important reasons parents of young children shouldn't delay creating a will.

If your estate planning also involves incapacity planning, check the power of attorney builder and healthcare directive builder, which address decision-making authority while you're alive but unable to communicate your wishes.

What is "per stirpes" and why does it matter for beneficiary designations?

"Per stirpes" is a legal term meaning that if a named beneficiary dies before you, their intended share passes to their own children (your grandchildren, in the case of a child beneficiary) rather than being redistributed among your other named beneficiaries. Without this designation, a predeceased beneficiary's share might instead be divided among the surviving beneficiaries, potentially disinheriting that branch of the family entirely.

This distinction matters most when you have beneficiaries who themselves have children - deciding whether you want a deceased beneficiary's share to "skip" to their children or be redistributed among your other listed beneficiaries is an important choice to make deliberately rather than by accident.

What is a "residuary estate" and why does every will need this clause?

The residuary estate is everything left over after specific gifts and named bequests are distributed - essentially, the "everything else" clause. Every will should include a residuary clause, because it's practically impossible to specifically list every asset you might own at the time of death, and any asset not specifically addressed would otherwise pass through intestacy law even if the rest of your will is valid.

A properly drafted residuary clause ensures complete coverage of your estate, avoiding the situation where a will technically exists but fails to address a significant portion of what you actually own at death.

Frequently asked questions

No - having a will doesn't avoid probate; it simply directs how the probate process should distribute your assets, versus having no direction at all (intestacy). Probate is the court-supervised process of validating a will, paying debts, and distributing assets, and it applies whether or not you have a will, though having one generally makes the process more predictable and efficient. Tools like living trusts, payable-on-death account designations, and jointly held property with rights of survivorship can help some assets pass outside of probate, but a will alone doesn't achieve probate avoidance.

Most states require 2 witnesses to properly execute a will, though this requirement (and specific procedures around it) varies by state - confirm your specific state's exact requirements. Using a beneficiary as a witness is generally legally allowed in most states but strongly discouraged, since it can create a conflict of interest that some states penalize by voiding or reducing that witness-beneficiary's inheritance, or that could be used to challenge the will's validity. Use disinterested witnesses (people who aren't beneficiaries) whenever possible to avoid this risk entirely.

Notarization isn't universally required for a will to be valid, but many states allow (and estate planning attorneys strongly recommend) a "self-proving affidavit," a notarized statement signed by you and your witnesses that can eliminate the need to track down and question witnesses in court after your death to verify the will's validity - which can otherwise significantly slow the probate process, especially if a witness has moved away or passed away themselves. This extra step at signing is a low-cost way to make probate meaningfully smoother for your family later.

Yes - a will can be changed at any time while you're alive and have legal capacity, either through a formal amendment called a "codicil" (for minor changes) or by executing an entirely new will that revokes the prior one (recommended for significant changes, to avoid confusion between multiple partially-conflicting documents). Major life events - marriage, divorce, birth of a child, death of a named beneficiary or executor, or significant changes in assets - are natural triggers to review and potentially update your will, since an outdated will can create confusion or fail to reflect your actual current wishes.

A will only takes effect at death and generally requires probate to distribute assets. A living trust can hold assets during your lifetime and, if properly funded (meaning assets are actually retitled into the trust's name), allows those assets to pass to beneficiaries after death without going through probate at all, which can save time, cost, and provide more privacy since probate is a public court process while trust administration generally isn't. Trusts add complexity and upfront cost compared to a simple will, so whether one makes sense depends on your estate size, privacy preferences, and whether avoiding probate delay is a priority for your situation - many people use both a will and a trust together as part of a complete estate plan.