Free Last Will and Testament Forms [PDF Download]

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	Ala Code Sec. 43-0-130
Alaska	At least 18 years old and of sound mind	Alaska Stat. Sec. 13.12.501
Arizona	At least 18 years old and of sound mind	Arizona Rev. Stat. Sec. 14-2501
Arkansas	At least 18 years old and of sound mind	Ark. Code Sec. 28-25-101
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	Cal. Prob. Code Sec. 6100
Colorado	At least 18 years old and of sound mind	Colo. Rev. Stat. Sec. 15-11-501
Connecticut	At least 18 years old and of sound mind	Conn. Gen. Stat. Sec. 45a-250
Delaware	At least 18 years old and of sound mind	Del. Code title 12 Sec. 201
District of Columbia	At least 18 years old and of sound mind	Code of the D.C. Sec. 18-102
Florida	Anyone who is mentally competent and either 18 years old or older or an emancipated minor	Fla. Stat. Sec. 732.501
Georgia	Anyone 14 years or older, unless they are legally unable due to a lack of capacity or freedom to act.	Ga. Code Sec. 53-4-10
Hawaii	At least 18 years old and of sound mind	Haw. Rev. Stat. Sec. 560:2-501
Idaho	Anyone who is of sound mind and either 18 years old or older or an emancipated minor	Idaho Stat. Sec.15-2-501
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	755 ILCS 5/4-1
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	Ind. Code Sec. 29-1-5-1
Iowa	Any person of full age and sound mind	Iowa Code Sec. 633.264
Kansas	Any person of sound mind and possessing the rights of the majority	Kan. Stat. Sec. 59-601
Kentucky	Only individuals aged 18 or older who are of sound mind, although a parent under 18 can appoint a guardian for their child	Ky. Rev. Stat. Sec. 394.020 and 394.030
Louisiana	No specific requirements	N/A
Maine	Anyone who is of sound mind and either 18 years old or older or an emancipated minor	Me. Stat. Sec. 2-501
Maryland	At least 18 years old and legally competent	Md. Code Sec. 4-101
Massachusetts	At least 18 years old and of sound mind	Mass. Gen. Laws Sec. 2-501
Michigan	At least 18 years old and sufficient mental capacity	Mich. Comp. Laws. Sec. 700.2501
Minnesota	At least 18 years old and of sound mind	MN Stat. Sec. 542.2-501
Mississippi	At least 18 years old and of sound and disposing mind	Miss. Code Sec. 91-5-1
Missouri	Any person of sound mind who is 18 years old or older or any emancipated minor	Mo. Rev. Stat. Sec. 474.310
Montana	At least 18 years old and of sound mind	Mont. Code Sec. 72-2-521
Nebraska	Any person who is 18 years old or older or is not a minor and who is of sound mind	Neb. Rev. Stat. Sec. 30-2326
Nevada	At least 18 years old and of sound mind	Nev. Rev. Stat Sec. 133.020
New Hampshire	Anyone who is 18 years old or older and married individuals under 18 who are of sound mind.	NH Rev. Stat. Sec. 551:1
New Jersey	At least 18 years old and of sound mind	NJ Rev. Stat. Sec. 3B:3-1
New Mexico	Any person 18 years old or older or an emancipated minor who is of sound mind	NM Stat. Sec. 45-2-501
New York	At least 18 years old and of sound mind and memory	NY EPTL Sec. 3-1.1
North Carolina	At least 18 years old and of sound mind	NC Gen. Stat. Sec. 31-1
North Dakota	An adult who is of sound mind	ND Cent. Code Sec. 30.1-08-01
Ohio	Any person 18 years old or older who is of sound mind and memory and not under restraint	Ohio Rev. Code Sec. 2107.02
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	Okla. Stat. Sec. 41
Oregon	Any person 18 years old or older, a married or emancipated minor	ORS 112.225
Pennsylvania	At least 18 years old and of sound mind	Pa. C.S. Sec. 2501
Rhode Island	At least 18 years old and of sound mind	R.I. Gen. Laws Sec. 33-5-2
South Carolina	Any person who is of sound mind and not a minor	SC Code Sec. 62-2-501
South Dakota	At least 18 years old and of sound mind	SD Cod. Laws Sec. 29A-2-501
Tennessee	At least 18 years old and of sound mind	Tenn. Code Sec. 32-1-102
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	Tex. Est. Code Sec. 251.001
Utah	At least 18 years old and of sound mind	Utah Code Sec. 75-2-501
Vermont	Any individual 18 years old or older or emancipated by court order who is of sound mind	Vt. Stat. tit. 14 Sec. 1
Virginia	Any individual who is of sound mind and not an unemancipated minor	Va. Code Sec, 64.2-401
Washington	At least 18 years old and of sound mind	Wash. Rev. Code Sec. 11.12.010
West Virginia	At least 18 years old and of sound mind	WV Code Sec. 41-1-2
Wisconsin	At least 18 years old and of sound mind	Wis. Stat. Sec. 853.01
Wyoming	Any person of legal age and sound mind	Wyo. Stat. Sec. 2-6-101

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	Ala. Code Sec. 43-2-22
Alaska	At least 19 years old	Must not be found unsuitable by the court in formal proceedings	Alaska Stat. Sec. 13.16.065(f)
Arizona	At least 18 years old	Must not be found unsuitable by the court in formal proceedings; It cannot be a foreign corporation	Ariz. Rev. Stat. Sec. 14-3203(F)
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	Arc. Code Sec. 28-48-101
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	Cal. Prob. Code Sec. 8402
Colorado	At least 21 years old	Must not be found unsuitable by the court in formal proceedings	Colo. Rev. Stat. Sec. 15-12-203(6)
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	Del. Code Sec. 1508, 1509
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	Fla. Stat. Sec. 733.303
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	Ga. Code Sec. 53-6-1
Hawaii	At least 18 years old	Must be legally competent; Must not be found unsuitable by the court in formal proceedings	Haw. Rev. Stat. Sec. 560:3-203
Idaho	At least 18 years old	Must be legally competent; Must not be found unsuitable by the court in formal proceedings	Idaho Code Sec. 15-3-203
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)	755 ILCS 5/6-13
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;	Ind. Code Sec. 29-1-10-1
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	Iowa Code Sec. 633.63 and Sec. 633.64
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	Kan. Stat. Sec. 59-702
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.	Ky. Rev. Stat. Sec. 395.005
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	La. Code Civ. Proc. art. 3097
Maine	At least 18 years old	Must not be found unsuitable by the court in formal proceedings	Me. Stat. Sec.(6) 3-203
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	Md. Code Est. & Trusts Sec. 5-105
Massachusetts	At least 18 years old	Must not be found unsuitable by the court in formal proceedings	Mass. Gen. Laws ch. 190B Sec. 3-203
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	Minn. Stat. Sec. 524.3-203
Mississippi	At least 18 years old	Must not be of unsound mind; Cannot have been convicted of a felony	Miss. Code Sec. 91-7-65
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)	Mo. Rev. Stat. Sec. 473.117
Montana	At least 18 years old	Must not be found unsuitable by the court in formal proceedings	Mont. Code Sec. 72-3-501
Nebraska	At least 19 years old	Must not be found unsuitable by the court in formal proceedings	Neb. Rev. Stat. Sec. 30-2412
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	Nev. Rev. Stat. Sec. 138.020
New Hampshire	At least of the age of majority	Must not be found unsuitable by the court in formal proceedings	N.H. Rev. Stat. Sec. 553:4
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	N.M. Stat. Sec. 45-3-203
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	N.Y. Surr. Ct. Proc. Act Sec. 707
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	N.C. Gen. Stat. Sec. 28A-4-2
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	Ohio Rev. Code Sec. 2113.13
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	Okla. Stat. Titl. 58 Sec. 102
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	ORS Sec. 113.095
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	20 PA. C.S. Sec. 3156
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	R.I. Gen. Laws Sec. 33-8-2
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	S.C. Code Sec. 62-3-203
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	S.D. Codified Laws Sec. 29A-3-203
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	Tenn. Code Sec. 40-20-115 and Sup. Ct. R. 10, RJC 3.8
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	Tex. Est. Code 304 003
Utah	At least 21 years old	Must not be found unsuitable by the court in formal proceedings	Utah Code Sec. 75-3-203
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.	14 V.S.A. Sec. 910
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	Wash. Rev. Code Sec. 11.36.010
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	Wis. Stat. Sec. 856.23
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	Wyo. Stat. Sec. 2-4-201

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	Ala. Code Sec. 43-8-131
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	Alaska Stat. Sec. 13.12.502
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	Ariz. Rev. Stat. Sec. 14-2502
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	Ark. Code Sec. 28-25-103
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	Cal. Prob. Code Sec. 6110
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	Colo. Rev. Stat. Sec. 15-11-502
Connecticut	Signed by the testator and witnessed by two individuals in the testator’s presence	Conn. Gen. Stat. Sec. 45a-251
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	Del. Code tit. 12 Sec. 202 and 203
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	D.C. Code Sec. 18-103
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	Fla. Stat. Sec. 732.502
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	Ga. Code Sec. 53-4-20
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	Haw. Rev. Stat. Sec. 560:2-502
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	Idaho Code Sec. 15-2-502
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	755 ILCS 5/4-3
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	Ind. Code Sec. 29-1-5-3
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	Iowa Code Sec. 633.279
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	Kan. Stat. Sec. 59-606
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	Ky. Rev. Stat. Sec. 394.040
Louisiana	A notarial will must be dated and signed by the testator in the presence of a notary and two witnesses	La. Civ. Code art. 1577
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	Me. Stat. tit. 18-C Sec, 2-502
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	Md. Code Sec. 4-102
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	Mass/Gen. Laws Sec. 2-502
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	Mich. Comp. Laws Sec. 700.2502
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	Mn. Stat. Sec. 524.2-502
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	Miss. Code. Sec. 91-5-1
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	Mo. Rev. Stat. Sec. 474.320
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	Mont. Code Sec. 72-2-522
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	Neb. Rev. Stat. Sec. 30-2327
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	NRC Sec. 133.040
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	N.H. Rev. Stat. Sec. 551:2
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	N.J. Rev. Stat. Sec. 3B:3-2
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	N.M. Stat. Sec. 45-2-502
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	N.Y. EPTL Sec. 3-2.1
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	N.C. Gen. Stat. Sec. 31-3.3
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	N.D. Cent. Code Sec. 30.1-08-02
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	Ohio Rev. Code Sec.2107.03
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	Okla. Stat. tit. 84 Sec. 55
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	ORS 112.235
Pennsylvania	Signed by the testator or someone else at their direction and in the testator’s presence, and witnessed by two witnesses	Pa. C.S. Sec. 2502
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	R.I. Gen. Laws Sec. 33-5-5
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	S.C. Code Sec. 62-2-502
South Dakota	Signed by the testator or someone else at their direction and in the testator’s presence, and witnessed by two witnesses	S.D. Codified Law Sec. 29A-2-502
Tennessee	Signed by the testator and two witnesses in the presence of the testator and each other	Tenn. Code Sec. 32-1-104
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	Tex. Est. Code Sec. 251.051
Utah	Signed by the testator or someone else at their direction and in the testator’s presence, and by at least two witnesses	Utah Code Sec. 72-2-502
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	Vt. Statt. Tit. 14 Sec. 5
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	VA Code Sec. 64.2-403
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	Wash. Rev. Code Sec. 11.12.020
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	W.Va. Code Sec. 41-1-3
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	Wis. Stat. Sec. 853.03
Wyoming	Signed by the testator or someone else at their direction and in the testator’s presence, and witnessed by two competent witnesses	Wyo. Stat. Sec. 2-6-112

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.