What is a Last Will and Testament?
A last will and testament is a legal document that allows an individual, known as the testator, to outline how their assets, property, and obligations will be distributed after their death. In this document, the testator designates specific beneficiaries who will receive rights and obligations toward their assets and obligations. These beneficiaries can be any individuals or entities the testator chooses.
Beyond its primary function, the last will and testament serves multiple other purposes. For example, it allows the testator to appoint guardians to care for minor children, ensuring their well-being when the testator passes away.
Additionally, it lets the testator choose a trusted person—an executor—to manage the estate. This executor is responsible for managing the distribution of assets, ensuring they are carried out and allocated to the testator’s wishes as outlined in the last will and testament.
Importantly, this document only takes effect upon the testator’s death. The testator retains the right to update the last will and testament at any time if they are of sound mind and express their intent to do so without any coercion.
On the other hand, if an individual chooses not to create a last will and testament, their assets, personal belongings, and obligations will be distributed according to state law, which may not reflect the individual’s preferences.
That’s why a last will and testament guarantees that the testator’s last wishes are honored and fulfilled after their death, providing clarity for both the testator and their beneficiaries.
Last Will and Testament by State
What is Included in a Last Will and Testament?
A last will and testament include several key elements to ensure that the testator's wishes are comprehensively communicated and legally binding.
Those are the following:
#1. The Executor
The executor is the individual appointed to carry out the wishes outlined in the last will and testament. This person is responsible for managing the testator’s estate, ensuring that debts are paid, and distributing assets to beneficiaries.
The testator should choose someone trustworthy and organized because the role of executor of will can be complex. The executor will have some obligations, such as filing the last will and testament with the probate court, and may need to provide an accounting of the estate’s finances.
#2. Assets
This section should detail all property, financial accounts, and other valuable items owned by the testator. Assets may include real estate, vehicles, bank accounts, investments, personal belongings, and business interests.
The testator should precisely include specific details about each item, such as account numbers or property descriptions, in order to simplify the distribution process and avoid eventual disputes among beneficiaries.
#3. Beneficiaries
Beneficiaries are the individuals or entities designated to receive the testator’s assets after their death. It is important for the testator to clearly name each beneficiary and specify what they will receive.
The beneficiaries can be family members, friends, charities, or organizations. The testator can choose to give specific items to certain beneficiaries, such as vacation homes, or divide assets into percentages among multiple beneficiaries.
#4. Funeral Arrangements
This section allows the testator to express their wishes regarding funerals. They can opt for burial or cremation, decide on the type of service, and decide which rituals to include or exclude. Additionally, the testator can include specific wishes regarding the location of the service or who should be invited.
#5. Witnesses
Most states require a last will and testament to be signed in the presence of witnesses to be legally valid. This section should include information about the witnesses, such as their names and addresses, along with statements confirming that they witnessed the testator sign the document.
#6. Guardianship for Minor Children
If the testator has minor children, it is essential to appoint guardians for them in the last will and testament. This decision allows the testator to choose individuals who will care for their children if both parents pass away or the other parent is unable to take care of them.
Before appointing, the testator should discuss their wishes with the potential guardian to ensure they are willing and able to take on this responsibility.
How to Write a Last Will and Testament in 5 Steps
Creating a last will and testament is an important step in estate planning. This document allows you to specify how your assets will be distributed after your death and ensures your wishes are honored.
Here's a simple guide to help you write your will in five easy steps.
#1. Identify the Testator
The first step in creating a will is identifying the testator—the individual making the document.
This step enables proper identification and helps confirm the validity of the will. It involves providing personal information, such as the testator's full name and address, and explicitly stating that the will is being made voluntarily.
This is crucial because, when the time comes to execute the will, it must be clear that the testator was of sound mind and aware of the implications of their decisions.
#2. Name the Executor
Next, you need to choose an executor—the person responsible for carrying out the wishes outlined in your will. This individual should be at least 18 years old and of sound mind.
It's essential to select someone you trust, as they will manage your estate planning and ensure your assets are distributed according to your wishes. Therefore, consider choosing someone who will outlive you and is capable of handling the responsibilities involved, such as financial management and communication with beneficiaries.
#3. Specify the Beneficiaries of Assets
A key component of your will is naming the beneficiaries—those who will inherit your assets. You should clearly list each beneficiary and specify what they will receive. So, be as detailed as possible to avoid confusion later.
If you're uncertain about listing every item, you can include a residuary clause, designating a person or organization to receive any remaining assets not specifically mentioned in the will.
Additionally, you can set conditions for certain requests, ensuring that beneficiaries receive specified assets only when certain criteria are met.
#4. Sign the Testament
Once you've completed your will, it's vital to sign it. Your signature indicates your agreement with the content and makes the document official. Depending on your state's laws, you may need to sign the will in the presence of witnesses—sometimes even a notary.
This step is critical, as a will that is not properly signed may lack legal validity and may not be enforceable after your death.
#5. Make Copies & Keep it Safe
Finally, store your completed will in a secure location, such as a safe deposit box or with your attorney. It's wise to make several copies for your records and to share them with trusted individuals so they know of its existence.
Keeping the original document safe is essential to ensure it remains intact, and informing your executor or family members about the will's location can facilitate its retrieval when needed. This way, you help prevent confusion or disputes during the probate process.
Testator Requirements for Last Will and Testament by State
This section outlines the specific requirements a testator must fulfill to create a valid last will and testament in each state, detailed in the table below.
State | Requirement for the Testator | Testator Law |
Alabama | At least 18 years old and of sound mind | |
Alaska | At least 18 years old and of sound mind | |
Arizona | At least 18 years old and of sound mind | |
Arkansas | At least 18 years old and of sound mind | |
California | At least 18 years old and of sound mind A conservator can create a will for the conservatee if they have been given permission through a court order under Sec. 2580 | |
Colorado | At least 18 years old and of sound mind | |
Connecticut | At least 18 years old and of sound mind | |
Delaware | At least 18 years old and of sound mind | |
District of Columbia | At least 18 years old and of sound mind | |
Florida | Anyone who is mentally competent and either 18 years old or older or an emancipated minor | |
Georgia | Anyone 14 years or older, unless they are legally unable due to a lack of capacity or freedom to act. | |
Hawaii | At least 18 years old and of sound mind | |
Idaho | Anyone who is of sound mind and either 18 years old or older or an emancipated minor | |
Illinois | At least 18 years old and of sound mind A will or codicil is presumed invalid if made after the testator is declared disabled and given a guardian unless there is clear proof that the testator had the mental ability to make it at the time | |
Indiana | Any person who is of sound mind and is 18 years or older or younger but serving in the U.S. armed forces or merchant marine | |
Iowa | Any person of full age and sound mind | |
Kansas | Any person of sound mind and possessing the rights of the majority | |
Kentucky | Only individuals aged 18 or older who are of sound mind, although a parent under 18 can appoint a guardian for their child | |
Louisiana | No specific requirements | N/A |
Maine | Anyone who is of sound mind and either 18 years old or older or an emancipated minor | |
Maryland | At least 18 years old and legally competent | |
Massachusetts | At least 18 years old and of sound mind | |
Michigan | At least 18 years old and sufficient mental capacity | |
Minnesota | At least 18 years old and of sound mind | |
Mississippi | At least 18 years old and of sound and disposing mind | |
Missouri | Any person of sound mind who is 18 years old or older or any emancipated minor | |
Montana | At least 18 years old and of sound mind | |
Nebraska | Any person who is 18 years old or older or is not a minor and who is of sound mind | |
Nevada | At least 18 years old and of sound mind | |
New Hampshire | Anyone who is 18 years old or older and married individuals under 18 who are of sound mind. | |
New Jersey | At least 18 years old and of sound mind | |
New Mexico | Any person 18 years old or older or an emancipated minor who is of sound mind | |
New York | At least 18 years old and of sound mind and memory | |
North Carolina | At least 18 years old and of sound mind | |
North Dakota | An adult who is of sound mind | |
Ohio | Any person 18 years old or older who is of sound mind and memory and not under restraint | |
Oklahoma | Any person 18 years old or older, or a married or emancipated minor, but those under guardianship must have it signed in front of a judge | |
Oregon | Any person 18 years old or older, a married or emancipated minor | |
Pennsylvania | At least 18 years old and of sound mind | |
Rhode Island | At least 18 years old and of sound mind | |
South Carolina | Any person who is of sound mind and not a minor | |
South Dakota | At least 18 years old and of sound mind | |
Tennessee | At least 18 years old and of sound mind | |
Texas | Any person who is of sound mind and at least 18 years old, married, or a member of the U.S. armed forces or maritime service | |
Utah | At least 18 years old and of sound mind | |
Vermont | Any individual 18 years old or older or emancipated by court order who is of sound mind | |
Virginia | Any individual who is of sound mind and not an unemancipated minor | |
Washington | At least 18 years old and of sound mind | |
West Virginia | At least 18 years old and of sound mind | |
Wisconsin | At least 18 years old and of sound mind | |
Wyoming | Any person of legal age and sound mind |
Executor Requirements for Last Will and Testament by State
Choosing the right executor for your last will and estate planning is vital, as this person will ensure your wishes are honored.
Let's look at the last will samples regarding executor requirements by state to guide your decision.
State | Executor Age Requirement | Executor Qualifications | Executor Law |
Alabama | At least 19 years old | Cannot have been convicted of an infamous crime; Must not have issues with substance abuse, poor judgment, or mental incapacity; Nonresidents, if they already serve as executors or administrators for the same estate in another state and are qualified there | |
Alaska | At least 19 years old | Must not be found unsuitable by the court in formal proceedings | |
Arizona | At least 18 years old | Must not be found unsuitable by the court in formal proceedings; It cannot be a foreign corporation | |
Arkansas | At least 18 years old | Must not be of unsound mind; Must not be found unsuitable by the court in formal proceedings; Cannot have been a convicted and pardoned felon; Must not be a corporation not authorized to act as a fiduciary in the state; Must not be a nonresident without an appointed agent for service of process in the state | |
California | At least the age of majority | Must not be subject to a conservatorship or deemed unfit to execute the duties; Must not have grounds for removal under Sec. 8502 | |
Colorado | At least 21 years old | Must not be found unsuitable by the court in formal proceedings | |
Connecticut | N/A | No prescribed statutory requirements | N/A |
Delaware | At least 18 years old | Must not be mentally incapacitated or convicted of a disqualifying crime; Must take an oath to perform duties with fidelity | |
District of Columbia | N/A | No prescribed statutory requirements | N/A |
Florida | At least 18 years old | Must not have been convicted of a felony or of abuse, neglect, or exploitation of an elderly person or disabled adult; Must not be mentally or physically unable to perform the duties | |
Georgia | At least 18 years old | Must be legally competent; Any individual, regardless of citizenship or residency, can serve, provided they meet the qualifications outlined in state law | |
Hawaii | At least 18 years old | Must be legally competent; Must not be found unsuitable by the court in formal proceedings | |
Idaho | At least 18 years old | Must be legally competent; Must not be found unsuitable by the court in formal proceedings | |
Illinois | At least 18 years old | Must be a resident of the United States; Must not be of unsound mind or adjudged disabled; Must not be currently incarcerated in state or federal prison; Cannot have been convicted of a felony unless: - Named in the will with acknowledgment of the felony conviction - Not prohibited by law from inheriting - Not previously convicted of financial exploitation or similar crimes Otherwise, meet the requirements set forth in subsection (a) | |
Indiana | At least 18 years old | Must not be incapacitated unless the incapacity is due only to physical illness or impairment; Cannot be a convicted felon under U.S. laws; Must not be a resident corporation not authorized to act as a fiduciary in Indiana; Must not be a person determined by the court to be unsuitable; | |
Iowa | At least 18 years old | Be a resident of Iowa, except for those determined by the court to be incompetent or unsuitable; Banks and trust companies organized under U.S. or state laws are authorized to act as fiduciaries when approved by the Superintendent of Banking; Nonresidents can be appointed as fiduciaries if a resident fiduciary is also appointed, although the court can allow a nonresident to serve alone in certain circumstances | |
Kansas | At least the age of majority | A minor can be appointed as an executor, but administration will typically be granted to another executor if one is available; The minor can later join as a co-executor once they reach majority age or acquire the rights of majority | |
Kentucky | At least 18 years old | Any national bank located in Kentucky with fiduciary powers; Any state bank or trust company incorporated in Kentucky and authorized to act as a fiduciary; Any nonresident of legal age who is related by consanguinity, marriage, or adoption to the decedent, ward, or incompetent or is the spouse of such a person. | |
Louisiana | At least 18 years old | Must not be interdicted or proven mentally incompetent after a hearing; Cannot be a convicted felon; Cannot be a nonresident without a resident agent for service of process filed in the succession proceeding; Must not be a corporation not authorized to perform fiduciary duties in the state; Only the surviving spouse, heir, legatee, legal representative of an heir, or a creditor of the deceased can be appointed as dative testamentary executor or administrator | |
Maine | At least 18 years old | Must not be found unsuitable by the court in formal proceedings | |
Maryland | At least 18 years old | Must not be mentally incompetent; Cannot have been convicted of a serious crime (unless they show good cause for granting letters); A person cannot serve as an executor if not a U.S. citizen (unless they are a permanent resident and related to the decedent); Must not be a full-time judge or clerk of court unless related to the decedent; Must not be a nonresident without an appropriate resident designated for service of process | |
Massachusetts | At least 18 years old | Must not be found unsuitable by the court in formal proceedings | |
Michigan | N/A | No prescribed statutory requirements | N/A |
Minnesota | At least 18 years old | Must not be found unsuitable by the court in formal proceedings | |
Mississippi | At least 18 years old | Must not be of unsound mind; Cannot have been convicted of a felony | |
Missouri | At least 18 years old | Must not be of unsound mind; Must not be under legal disability due to a felony conviction; Must not be a habitual drunkard; Cannot be a full-time judge or court clerk, except for certain family relationships; Must not be a corporation, partnership, or association not organized under Missouri law (with some exceptions stated in Sec. 362.600) | |
Montana | At least 18 years old | Must not be found unsuitable by the court in formal proceedings | |
Nebraska | At least 19 years old | Must not be found unsuitable by the court in formal proceedings | |
Nevada | At least the age of majority | Must not have been convicted of a felony (unless the court determines otherwise); Must not be adjudged by the court to be disqualified due to a conflict of interest, issues such as drunkenness or improvidence, a lack of integrity, or any other significant reason; Must not be a bank not authorized to do business in Nevada unless they associate with a qualified co-executor | |
New Hampshire | At least of the age of majority | Must not be found unsuitable by the court in formal proceedings | |
New Jersey | N/A | No prescribed statutory requirements | N/A |
New Mexico | At least 18 years old | Must not be found unsuitable by the court in formal proceedings | |
New York | At least 18 years old | Must not be adjudged incompetent; Must not be a non-domiciliary noncitizen (unless they are a foreign guardian or serve with a resident co-fiduciary); Must not lack qualifications due to substance abuse, dishonesty, improvidence, lack of understanding, or other unfitness; The court can also declare ineligible: - If someone is unable to read and write in English - If an individual is convicted of a felony that could harm the estate’s welfare | |
North Carolina | At least 18 years old | Must not be adjudged incompetent and remain under that disability; Must not be convicted felon without restored citizenship; Must not be a nonresident without a resident agent for service of process; Must not be a corporation not authorized to act as a personal representative in the state; Must not have lost rights as outlined in Chapter 31A; Must not be illiterate; Must not be found unsuitable by the clerk of the superior court; Must not have renounced their role as a personal representative; Must not be involved with a property finder under specific agreements | |
North Dakota | / | No prescribed statutory requirements | / |
Ohio | At least 18 years old | If a person nominated as executor is under 18 years old, the court may grant administration with the will annexed; If another executor is available, they will administer the estate until the minor turns 18 | |
Oklahoma | At least of the age of majority at the time will is admitted to probate | Cannot be convicted of an infamous crime; Must not be adjudged by the court as incompetent due to drunkenness, improvidence, or lack of understanding and integrity | |
Oregon | At least 18 years old | Must not be incapacitated or financially incapable; Must not be suspended or disbarred from practicing law or resigned from the Oregon State Bar while under investigation or pending disciplinary action; Cannot be a licensed funeral service practitioner unless the decedent was a relative, a partner, an employee, or an employee of the practitioner | |
Pennsylvania | At least 18 years old | Cannot be a corporation not authorized to act as a fiduciary; Must not be found unfit by the register; Must not be a nominee of a beneficiary who is a non-resident of the U.S. with doubts about their benefit; Cannot be charged with voluntary manslaughter or homicide related to the decedent's death unless the charge is dismissed or acquitted | |
Rhode Island | At least 18 years old | If the named executor is a minor, other qualified executors will administer the estate until the minor reaches adulthood; If no other executors qualify, the court may appoint an administrator with the will annexed until the minor can qualify | |
South Carolina | At least 18 years old | Must not be found unsuitable by the court in formal proceedings; Cannot be corporations from other states or foreign entities without local business presence; Probate judges cannot serve as executors for estates they oversee unless they are acting for a family member | |
South Dakota | At least 18 years old | Must not be found unsuitable by the court in formal proceedings; Must not be banks or trust companies not authorized to conduct trust business in the state | |
Tennessee | Any legally competent person (the statute does not specify a minimum age requirement) | Must not be currently imprisoned in a penitentiary; A judge cannot accept an appointment as executor unless it is for a family member or their place of worship, and it does not interfere with their judicial duties or if it conflicts with their judicial responsibilities or involves cases before their court; If a fiduciary becomes a judge, they must resign from the fiduciary position within one year | |
Texas | Any legally competent person (the statute does not specify a minimum age requirement) | Must not be incapacitated; Cannot be a convicted felon (unless pardoned or civil rights restored); Cannot be a nonresident without a resident agent for service of process; Cannot be a corporation not authorized to act as a fiduciary; Must not be found unsuitable by the court in formal proceedings | |
Utah | At least 21 years old | Must not be found unsuitable by the court in formal proceedings | |
Vermont | Any legally competent person (the statute does not specify a minimum age requirement) | If a named executor is a minor at the time of proving the will, letters of administration can be granted to another qualified person or an alternate executor named in the will; A minor who later reaches legal age can apply to be appointed as successor if a vacancy occurs during administration. | |
Virginia | N/A | No prescribed statutory requirements | N/A |
Washington | At least 18 years old | Must not be persons of unsound mind; Cannot be convicted felons or those convicted of crimes involving moral turpitude; Entities, such as trust companies, national banks, professional service corporations (with exclusively attorney partners), and nonprofit corporations (if allowed by their bylaws), can serve as personal representatives; Nonresidents can be appointed if they designate a resident agent for service of process and file the necessary bond | |
West Virginia | N/A | No prescribed statutory requirements | N/A |
Wisconsin | At least 18 years old | Must not be of unsound mind; Must not be a corporation not authorized to perform fiduciary duties in the state; Must not be a nonresident who has not appointed a resident agent to accept service of process and filed that appointment with the court; Must not be found unsuitable by the court for good cause shown; Non-residency alone can be a valid reason for the court to decide not to appoint or remove a person from serving as a personal representative | |
Wyoming | Any legally competent person (the statute does not specify a minimum age requirement) | A nonresident cannot be appointed as an administrator unless a Wyoming resident is appointed as a co-administrator |
Signing Requirements for Last Will and Testament by State
For your last will and testaments to be valid, they must meet specific signing requirements that vary by state.
Here, we'll explore the testament samples of these requirements to ensure your will is legally effective.
State | Witness/Notary Requirements | Signing Law |
Alabama | Signed by the testator or someone else at their direction and witnessed by at least two people | |
Alaska | Signed by the testator or someone else at their direction and witnessed by at least two people, a holographic will can be valid if the signature and key parts are in the testator's handwriting | |
Arizona | Signed by the testator or someone else at their direction and witnessed by at least two people, who must sign within a reasonable time after witnessing the signing or acknowledgment | |
Arkansas | Signed by the testator and at least two witnesses. The testator must declare to the witnesses that the document is their will and can sign it themselves, acknowledge a previous signature, sign by mark, or have someone else sign it for them in their presence | |
California | Signed by the testator or someone else at their direction or by a conservator under court order, and witnessed by at least two people who are present at the same time and understand that the document is the testator’s will | |
Colorado | Signed by the testator or someone else at their direction and in the testator’s presence, and it must be witnessed by at least two individuals who either sign after witnessing the testator’s signing or acknowledgment, or the testator can acknowledge the will before a notary public | |
Connecticut | Signed by the testator and witnessed by two individuals in the testator’s presence | |
Delaware | Signed by the testator or someone else at their direction and in the testator’s presence, and it must be witnessed by two or more credible witnesses | |
District of Columbia | Signed by the testator or someone else at their direction and in the testator’s presence, and it must be witnessed by at least two credible witnesses | |
Florida | Signed by the testator or someone else at their direction and in the testator’s presence, and it must be witnessed by at least two witnesses | |
Georgia | Signed by the testator or someone else at their direction and in the testator’s presence, and it must be witnessed by at least two competent witnesses | |
Hawaii | Signed by the testator or someone else at their direction and in the testator’s presence, and it must be signed by at least two witnesses, each of whom signed within a reasonable time after witnessing either the signing of the will or the testator acknowledging their signature or the will | |
Idaho | Signed by the testator or someone else at their direction and in the testator’s presence, and it must be signed by at least two witnesses who saw the signing or the testator acknowledging their signature or the will | |
Illinois | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by at least two credible witnesses in the testator’s presence | |
Indiana | Signed by the testator and at least two witnesses, who must sign in the presence of the testator and each other. The testator can either sign the will, acknowledge a previous signature, or have someone else sign it at their direction and in their presence | |
Iowa | Signed by the testator or someone else at their direction and in the testator’s presence. It must be declared as the testator’s will and witnessed by two competent individuals who sign in the presence of the testator and each other | |
Kansas | Signed by the testator or someone else at their direction and in the testator’s presence, and attested and signed by two or more competent witnesses who either saw the testator sign or heard the testator acknowledge the will | |
Kentucky | Signed by the testator or someone else at their direction and in the testator’s presence. If the will is not entirely written by the testator, it must be signed or acknowledged by the testator in the presence of at least two credible witnesses, who must also sign the will in the presence of the testator and each other | |
Louisiana | A notarial will must be dated and signed by the testator in the presence of a notary and two witnesses | |
Maine | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who saw the testator sign or acknowledge the will | |
Maryland | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by two or more credible witnesses either in the physical or electronic presence of the testator. For digital wills, additional requirements apply, such as the involvement of a supervising attorney and the testator being located in the state at the time of signing | |
Massachusetts | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who saw the testator sign or acknowledge the will | |
Michigan | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who saw the testator sign or acknowledge the will | |
Minnesota | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who signed within a reasonable time after witnessing the signing or the testator’s acknowledgment of the signature or the will | |
Mississippi | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by at least two credible witnesses in the presence of the testator | |
Missouri | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by at least two witnesses in the presence of the testator | |
Montana | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who signed within a reasonable time after witnessing the signing or the testator’s acknowledgment of the signature or the will | |
Nebraska | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who either witnessed the signing or acknowledged the testator’s signature or the will | |
Nevada | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by at least two witnesses in the presence of the testator | |
New Hampshire | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two credible witnesses who attest to the testator’s signature | |
New Jersey | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who signed within a reasonable time after witnessing the signing or testator’s acknowledgment of the signature or the will | |
New Mexico | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by the testator in the presence of at least two witnesses, who must also sign the will in the presence of the testator and one another | |
New York | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by the testator in the presence of at least two witnesses | |
North Carolina | Signed by the testator or someone else at their direction and in the testator’s presence, and witnessed by at least two competent witnesses | |
North Dakota | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who sign after witnessing the testator’s signature or the testator’s acknowledgment before a notary | |
Ohio | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by at least two competent witnesses | |
Oklahoma | Signed by the testator or someone else at their direction and in the testator’s presence, in the presence of the witnesses, or acknowledged by the testator to them | |
Oregon | Signed by the testator or someone else at their direction and in the testator’s presence, and signed by at least two witnesses who signed within a reasonable time before the testator’s death | |
Pennsylvania | Signed by the testator or someone else at their direction and in the testator’s presence, and witnessed by two witnesses | |
Rhode Island | Signed by the testator or someone else at their direction and in the testator’s presence, and acknowledged by the testator in the presence of two witnesses, who must sign it in the testator’s presence | |
South Carolina | Signed by the testator or someone else at their direction and in the testator’s presence, and two witnesses who either saw the signing or heard the testator acknowledge the signature or the will | |
South Dakota | Signed by the testator or someone else at their direction and in the testator’s presence, and witnessed by two witnesses | |
Tennessee | Signed by the testator and two witnesses in the presence of the testator and each other | |
Texas | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by two credible witnesses who are at least 14 years old and sign in the testator’s presence | |
Utah | Signed by the testator or someone else at their direction and in the testator’s presence, and by at least two witnesses | |
Vermont | Signed by the testator or someone else at their direction and in the testator’s presence, and attested by two credible witnesses in the presence of the testator and each other | |
Virginia | Signed by the testator or someone else at their direction and in the testator’s presence. If it’s entirely in the testator’s handwriting, it needs two disinterested witnesses to prove it. For other wills, the testator must sign or acknowledge it in front of at least two competent witnesses, who must sign it in the testator’s presence | |
Washington | Signed by the testator or someone else at their direction and in the testator’s presence and witnessed by at least two competent witnesses, either in person or electronically | |
West Virginia | Signed by the testator or someone else at their direction and in the testator’s presence, and acknowledged in the presence of at least two competent witnesses who sign in the testator’s presence and each other’s presence | |
Wisconsin | Signed by the testator and in the presence of at least two witnesses who also sign within a reasonable time after observing the signing or acknowledgment of the will | |
Wyoming | Signed by the testator or someone else at their direction and in the testator’s presence, and witnessed by two competent witnesses |
Last Will and Testament FAQ
A last will and testament is a legally binding document that specifies how your assets are to be distributed after your death. It allows you to name beneficiaries and appoint an executor, ensuring that your property goes to the people you believe deserve it, giving you peace of mind.
The terms “last will” and “testament” refer to the same legal document. Both outline your wishes regarding asset distribution and other post-death matters.
A will created in the US is valid abroad if it complies with the laws of that foreign country. It is wise to consult legal experts in that country to ensure it meets local requirements.
A will may be considered invalid for several reasons, generally related to not meeting state requirements. This includes missing proper signatures, evidence of undue influence, or if the person who created the will was not of sound mind at the time it was made.
You can change your will at any time, usually through an amendment called a codicil or by writing a new will. It's crucial to ensure that any changes comply with legal requirements to maintain validity.
Store your will in a safe, easily accessible place, like a safe deposit box or with your attorney. Equally important is to inform trusted family members or your executor about where it is. This way, you ensure they can find it when needed and execute your wishes.
While you don't necessarily need a lawyer to create a will, consulting one can ensure it meets legal requirements and adequately reflects your wishes. DIY (do-it-yourself) wills are an option, but they carry risks of invalidation if not done correctly.
If you die without a will (intestate), your assets will be distributed according to state laws, which may not reflect your wishes. The court will appoint an administrator to manage your estate, and the distribution may favor certain relatives over those you want to inherit. It will also exclude potential friends and charities you may have wanted to include.
A last will details asset distribution after death, while a living will outlines your medical treatment preferences if you become incapacitated. Each serves different purposes in estate and healthcare planning, addressing distinct aspects of your wishes.