A last will and testament sets out who inherits your property, who will manage your estate, and who will raise your minor children if you die. It takes effect only at death, and to be valid it has to be signed and witnessed exactly the way your state requires.
Free to download and use.Updated July 2026 by Document eSign
A will generally has to be signed on paper in front of witnesses. Electronic signatures are not valid for wills in most states, so download this, then sign and witness it the way your state requires.
A last will and testament is the document that says what happens to your property and your minor children after you die. In it you name the people who inherit, appoint an executor (also called a personal representative) to gather your assets, pay your debts, and carry out your wishes, and, if you have young children, nominate a guardian to raise them. A will takes effect only at death, and the property that passes under it goes through probate, the court process that oversees settling an estate. Because wills are governed by state law, the rules for signing and witnessing vary, and getting those formalities wrong can invalidate the whole document. This will template covers a straightforward estate. If yours is large or complicated, treat this free will form as a starting point and have a lawyer review it.
Who uses it
A parent who wants to name a guardian for young childrenSomeone with a straightforward estate who wants to choose who inheritsA person updating their plans after a marriage, divorce, or new childAnyone who would rather pick their own executor than leave it to a courtSomeone who wants a say in their estate instead of leaving it to state intestacy rules
What's inside
A statement revoking any earlier wills and codicils
Identification of your family, including spouse and children
A direction to pay debts, taxes, and funeral expenses
Space for specific gifts of money or property
A residuary clause leaving everything else, with a backup beneficiary
A guardian nomination for minor children, with an alternate
An executor appointment, with an alternate, to serve without bond
A witness attestation block and an optional notarized self-proving affidavit
HOW IT WORKS
From template to signed in three steps.
Heads up: this document usually needs a wet-ink signature, and notarization or witnesses, to be valid. Use these steps to prepare and download it, then sign it the way your state requires.
01
Start from the template
Open it in the editor with the fields already mapped, or download the DOCX to edit offline.
02
Add signers and send
Drop signature and date fields, then route each party in order or in parallel.
03
Get a sealed copy
Everyone signs, and you get a tamper-evident PDF plus an audit certificate.
Free forever. No credit card. Your recipients sign with no account.
The details
Everything to know before you send it.
1
How to fill it in
Work through the document in order. The decisions that matter most are who inherits, who is in charge, and who cares for your children, so name a backup for each in case your first choice cannot serve.
Beneficiaries: name who receives specific gifts, then who receives the residuary (everything else). Always name an alternate in case a beneficiary dies before you.
Executor: choose someone trustworthy and organized to settle your estate, plus an alternate.
Guardian: if you have minor children, nominate a guardian and a backup. This is often the single most important reason parents write a will.
Be specific. Use full legal names and describe gifts clearly enough that there is no doubt about who gets what.
Do not sign it yet. Sign only in front of your witnesses (and a notary if you use the self-proving affidavit).
2
Signing and witnessing (get this exactly right)
A will lives or dies on its formalities. In almost every state you must sign the will in front of at least two competent witnesses, who then sign it too. Your witnesses should be disinterested, meaning they do not inherit anything under the will. Using a beneficiary as a witness is a common and costly mistake: many states apply a purging rule that can strip that person of their gift, even though the rest of the will stands. A will usually does not have to be notarized to be valid; the witnessing is what counts. What often is notarized is a separate self-proving affidavit, which most states let the testator and witnesses sign so the will can be accepted by the probate court later without tracking the witnesses down. A few states, such as Louisiana, follow different rules, and a few do not offer the self-proving option, so follow your own state's requirements.
3
What a will does not control
A will is powerful, but it does not reach everything, and it does not let your estate skip probate. Several kinds of property pass outside the will no matter what it says: accounts and life insurance or retirement plans with a named beneficiary, payable-on-death and transfer-on-death accounts, property you own jointly with right of survivorship, and anything held in a living trust. Those go straight to the named beneficiary, co-owner, or trust. So keep your beneficiary designations up to date, because an old 401(k) beneficiary form will beat your will every time. And remember the common myth: a will does not avoid probate. Property passing under it goes through probate; only the non-probate transfers above skip it.
4
Executor and guardian: the two big jobs
Two roles carry most of the weight. The executor, or personal representative, is the person the court authorizes to collect your assets, pay debts and taxes, and distribute what is left according to your will. Pick someone responsible, and ask them first. The guardian is the person who would raise your minor children if both parents are gone. A court has the final say, but a guardian named in a valid will carries real weight and spares your family a difficult fight. Naming an alternate for each job protects you if your first choice cannot serve.
5
Keeping it valid: revoking and updating
A will is not set in stone. You can revoke it by making a new one, or amend it with a codicil, a formal add-on that changes specific parts while leaving the rest in place. Review your will after any major life event: a marriage, a divorce, a new child, a death, or a big change in your assets. Divorce is a special case; in many states the law automatically cancels gifts and appointments you made to a former spouse, but the rules vary, so do not rely on that alone. The safest habit is to redo the will when your life changes.
6
Common mistakes
Most invalid or contested wills come down to a handful of errors.
Signing or witnessing it incorrectly for your state, which can void the whole will.
Using a beneficiary as one of your witnesses and triggering a purging rule.
Not naming an executor or a guardian, which leaves those choices to a court.
Assuming the will avoids probate, or that it overrides beneficiary designations.
Never updating it after a marriage, divorce, or new child.
Using a simple template for a large or complicated estate that needs a lawyer.
7
When you should use a lawyer
A template can handle a simple estate: modest assets, an uncomplicated family, and clear wishes. Bring in an estate-planning attorney when the picture is more involved, and there are several common triggers: a large estate or possible estate tax, a blended family, a business you own, a beneficiary with special needs, an intent to disinherit someone, or any plan that should use a trust. This document is general information, not legal advice, and wills vary widely by state. When the stakes are high, a few hundred dollars of legal help is cheap next to a will that fails when it is needed.
This template and the guidance on this page are provided for general information only and are not legal advice. Laws differ by country and state, so review the final document against your own situation and have a qualified lawyer check anything high-value or regulated before you sign.
FAQ
Questions, answered.
What does a last will and testament do?
It states who inherits your property, names an executor to settle your estate, and lets a parent nominate a guardian for minor children. It takes effect only when you die, and the property passing under it goes through probate. Without a will, your state's intestacy laws decide who gets what.
Does a will have to be notarized?
Usually no. In most states a will is valid when you sign it in front of the required witnesses, and notarization is not what makes it legal. What is often notarized is a separate self-proving affidavit, signed by you and your witnesses, that makes the will easier to admit to probate later. A few states have their own rules, so check your state.
How many witnesses does a will need?
Almost every state requires at least two witnesses who watch you sign and then sign themselves. A few states historically asked for three, but two is now the norm. Your witnesses should be disinterested, meaning they do not inherit under the will. Follow your own state's specific requirements.
Can a beneficiary be a witness to the will?
It is risky, so avoid it. Many states apply a purging rule: if someone who inherits under the will also witnesses it, a court can strip them of their gift, even though the rest of the will stays valid. Use witnesses who get nothing under the will so there is no question.
Does a will avoid probate?
No, and this is a common misunderstanding. Property that passes under your will goes through probate, the court process for settling an estate. What avoids probate are non-probate transfers, like accounts with a named beneficiary, payable-on-death accounts, jointly owned property with survivorship, and assets in a living trust.
What happens if I die without a will?
Your state's intestacy laws decide who inherits, usually your spouse and closest relatives in a set order, and a court appoints someone to administer your estate and a guardian for minor children. That may not match what you would have chosen, which is the main reason to write a will.
Can I write my own will by hand?
Sometimes, but it is risky. Handwritten, unwitnessed wills, called holographic wills, are recognized in only about half the states and under strict conditions, and they are much easier to challenge. Even where they are allowed, a typed will that is properly signed and witnessed is far safer.
When should I use a lawyer instead of a template?
Use a lawyer when your situation is complex: a large estate or estate-tax exposure, a blended family, a business, a beneficiary with special needs, plans to disinherit someone, or anything involving a trust. A template can work for a simple estate, but these situations need advice tailored to you and your state.
Live in under a minute
Ready to send your first envelope?
Create your free forever account, upload a document, and send it for signature in minutes. No credit card required.
Unlimited envelopes on Free Legally binding · global Audit trail on every document
