Last Will and Testament Form (US)

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Last Will and Testament
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Marital Status:

Single

Your State:

Select the State

Create Your Last Will and Testament

Enter the name and personal information of the person the Last Will is for:

Your Name:

Your City/Town:

(e.g. Dallas)

Your State:

Select the State

(Required)

Select the state where you live and have a permanent residence.

Louisiana: This Last Will and Testament has not been reviewed by a lawyer with experience in Louisiana law. Do not use this Last Will unless you have confirmed with a qualified lawyer that it will be valid in the State of Louisiana.

Your Gender:

Male

Marital Status:

Single

If you are widowed or divorced then you are considered to be single for the purpose of a Last Will.

Only the following states recognize some form of common law marriage:
Alabama, Colorado, District of Columbia, Georgia (if valid before January 1, 1997), Idaho (if valid before January 1, 1996), Iowa, Kansas, Montana, New Hampshire, Ohio (if valid before October 10, 1991), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah.
Please ensure that you are considered married based on the laws of your state.

Spouse's Information

Spouse's Name:

Your Spouse's Information

Name:

Relationship to You:

Married

A civil partnership is the legal relationship existing when a same-sex couple registers their partnership in accordance with the Civil Partnership Act 2004.

Gender:

Male

Spouse will be the executor of the Last Will?

YesNo

The executor is your chosen personal representative for the administration of your estate. A spouse is a good choice for executor as long as your spouse would be able to deal with the administration of your estate.

You must select a state where you currently have a permanent residence.

Frequently Asked Questions

Benefits of a Last WillA Last Will allows you to:

Decide who will get your property after your death;
Choose how your property will be divided among your various beneficiaries;
Give specific items of property to specific people;
Appoint someone you trust to administer your estate; and
Appoint a guardian for your minor children.

If you die without a Will, your property will be distributed by a court-appointed administrator according to statutory plans for "intestate succession." Your property will be divided among your surviving spouse, children, and possibly other relatives in whatever manner the law of your jurisdiction specifies. You will not have a chance to give property to non-relatives or to exclude relatives. Additionally, if you have no relatives, your property will go to the state rather than to a friend or charity of your choice.Keeping my Will up to dateYou should review your Will from time to time to ensure that it still meets your needs and that your property will be distributed according to your wishes. You should consider writing a new Will on the following events:

You get married or divorced (a change in marital status may void your old Will);
You are unmarried, but have a new partner;
The amount of money and property you own significantly changes;
You move to another state (not all states recognize out-of-state Wills as valid);
Your executor or a significant beneficiary in your Will dies;
There is a birth or adoption of a child in your family;
You change your mind about the provisions in your Will.

Requirements for making a Last WillSelect your state to see your specific requirements.
Generally any person of legal age and sound mind may make a Last Will.Testator and Testatrix DefinitionsThe testator (male) or testatrix (female) is the person who makes a Last Will for the purpose of disposing of their property after death.Importance of my home StateLaws vary from state to state. It is important that your Last Will and Testament meets the requirements of your home state.

Your signing jurisdiction is assumed to be your home state.

Personal Representative/Executor

Number of Executors needed:

One

Two

Executor Information

My spouse will be the executor of my Last Will.

A spouse may be a good choice for executor as long as your spouse is experienced in making financial decisions regarding money and property (personal property as well as real estate) and as long as your spouse will not be overwhelmed by the situation overall.

Enter the name and information for your executor if not your spouse:

Name:

City/Town:

(e.g. Dallas)

State:

Select the State

Name:

City/Town:

State:

Second Executor

Enter the name and information for your second executor:

Name:

City/Town:

(e.g. Dallas)

State:

Select the State

Executor

Name:

Address:

Street number not necessary.

(e.g. "Halifax, Nova Scotia")

Gender:

Male

Number of Executors:

OneTwo

One executor is normally sufficient. If you have two executors, they must be able to AGREE on each decision to be made.

Second Executor

Name:

Address:

Street number not necessary.(e.g. "Halifax, Nova Scotia")

Gender:

Male

Frequently Asked Questions

Executor descriptionThe executor is the person you chose to administer your estate.Executor responsibilitiesAn executor or personal representative is responsible for collecting the assets of the estate, paying any debts of the estate, paying state and federal taxes, and then distributing the assets of the estate in accordance with the directions of the Will.Selecting an ExecutorAdministering the estate can be complex, time-consuming and stressful. Ensure you select someone you trust, who will be able to handle your financial matters prudently. Your executor does not need to have any legal expertise. An executor can always hire a lawyer should the need arise. Many people select their spouse or an adult child to be their executor. Also, people often choose an individual who will be receiving a substantial amount of property to be their executor. In this way, the executor will want to ensure that the property is distributed properly.

Usually you can choose anyone to act as executor except a minor or a convicted felon. Additionally, some jurisdictions place restrictions on non-resident executors (for example, some states specify that all non-resident executors must be related to you). Executor also a BeneficiaryYes, your executor can also be a beneficiary (receive a gift) in your Will.

Alternate Personal Representative/Executor

I want to designate an Alternate Executor. (Recommended)

Number of Alternate Executors:

OneTwo

Alternate Executor Information

Name:

City/Town:

State:

Select the State

Gender:

Male

Second Alternate Executor

Name:

City/Town:

State:

Select the State

Gender:

Male

Second Alternative Executor

Name:

Address:

e.g. "Halifax, Nova Scotia" (street number not necessary)

Gender:

Male

Frequently Asked Questions

Role of an Alternate ExecutorThe Alternate Executor will assume ALL responsibility for administering your estate if the Executor that you had selected is unable or unwilling to act or continue to act.

Children

Number of children:

0

Note: You must list ALL children. Any child not specifically named in your Will may have the right to claim against your Will as if no Will had been created.

Frequently Asked Questions

Step-ChildrenDo not list stepchildren unless you have legally adopted them. If you want to leave something to a stepchild who is not your legal child, you can do that in the "Specific Gifts" or "Residue of Estate" sections.

Trustee

I wish to create trusts and appoint a trustee to manage property for
my minor beneficiaries.

My Personal Representative (Executor) will be the trustee for
any and all minor beneficiaries.

Age that a trust will end and a minor beneficiary will receive property:

18

Substantial property cannot be passed to a child until they have reached the age of majority. In addition you may wish to withhold the transfer of title to substantial property until a young person has had a chance to mature and learn to manage their own financial matters.

As a result you may wish to set the age to receive property at 23 years or 25 years or even later depending on the maturity of the individual.

Trustee

Name:

City/Town:

State:

Select the State

Frequently Asked Questions

Trustee DefinitionThe trustee is the person with the authority and responsibility to manage property on behalf your minor beneficiaries until they are legally capable of managing their own affairs.Selecting a TrusteePeople usually choose the same person for trustee as they chose for executor, but you can choose a different person if you want.

If your executor does not survive you then your alternate executor will become the trustee for your minor beneficiaries.

Guardian

I want to appoint a guardian for my minor or dependent children.

Number of Guardians:

1

If you select more than one Guardian then the Guardians will act jointly.

Name:

(e.g. William Timothy Smith)

City/Town:

(e.g. "Dallas")

State:

Select the State

Frequently Asked Questions

Guardian DefinitionThe guardian is the person with the authority and responsibility to take care of your minor or dependent children.Selecting a GuardianPeople usually choose the same person for custodian or trustee as they chose for guardian, but you can choose a different person if you want.Importance of GuardiansYou do not have to appoint a guardian for your minor children. However, if you do not, the courts will decide who will look after your children. Tips for selecting a GuardianWhen appointing a guardian you may want to consider the following questions:

Will my proposed guardian be old enough to look after my children? (Your proposed guardian must be an adult.)
Does my proposed guardian have experience raising children?
Is my proposed guardian concerned about my child’s welfare?
Is my proposed guardian able to care for my child emotionally, physically and financially?
Does the proposed guardian have the time to take care of my children?
Does my child like and feel comfortable around the proposed guardian?
Where does my proposed guardian reside? (It may be difficult or upsetting for your child to move right after your death.)

California Prohibited Gifts

In California, the Testator cannot make a gift to a person who is considered to be in a position of trust and where this position of trust creates the potential for fraud, menace, duress, or undue influence in the preparation of this Will.

See California Probate Code section 21350 (right).

If the Testator still wishes to provide a gift to an individual in one of the above categories then this Last Will must be reviewed by an independent attorney.

To review the entire California Probate Code click here.

I am making a gift to a restricted person and require an independent review.

A blank Certificate of Independent Review will be included with your Last Will. This is a standard form as provided by The California Probate Code section 21351.

Frequently Asked Questions

California Probate Code section 21350.California Limitations on Gifts and Transfers to Drafters, Custodians and Others:

In California the Testator cannot make a gift to any of the following:
(1) The person who drafted this Last Will.
(2) Any person who is related by blood or marriage to, is a domestic partner of, is a cohabitant with, or is an employee of, the person who drafted this Last Will.
(3) Any partner or shareholder of any law partnership or law corporation in which the person who drafted this Last Will has an ownership interest, and any employee of that law partnership or law corporation.
(4) Any person in a fiduciary (trust) relationship with the Testator, including, but not limited to, a conservator or trustee, who transcribed this Last Will or caused it to be transcribed.
(5) Any person who is related by blood or marriage to, is a domestic partner of, is a cohabitant with, or is an employee of a fiduciary (a conservator or trustee) as described in paragraph (4) above.
(6) Any care custodian of a Testator where the Testator is a dependent adult.
(7) Any person who is related by blood or marriage to, is a domestic partner of, is a cohabitant with, or is an employee of, a care custodian as described in paragraph (6) above.

Review of gifts by an independent attorney who:
(1) Counsels the Testator about the nature and consequences of the intended gift;
(2) Attempts to determine if the intended consequence is the result of fraud, menace, duress, or undue influence; and
(3) Signs and delivers to the Testator an original Certificate of Independent Review with a copy delivered to the drafter.

Specific Gifts

Number of specific gifts:

0

Frequently Asked Questions

Distributing my EstateDivide up your estate in two steps:

First: Assign specific gifts to specific people. For example you might give a classic car to a favorite nephew.

Second: What is left after you have provided specific gifts is called the remainder or residue of your estate. The residue of your estate will be divided among other people you choose. Note: A beneficiary may receive a specific gift and also share in the residue of your estate.Specific Gift definitionA specific gift is just what it sounds like. It is a gift of a specific item of property or sum of money to a named beneficiary. For example:

I give my diamond engagement ring to my oldest daughter, Sally Jones.
I give $5000.00 to my college room-mate, James Timothy Smith.

Everything that is not given away as a specific gift forms the residue of the estate.

Make sure you describe the gift well enough that anyone reading your Will would recognize what you mean. Clearly identify the beneficiary."Residue of the Estate" definitionThe "residue" of your estate is everything that is left over after your debts are paid and the specific gifts have been given.Example: Specific Gifts and ResidueExample:
After your executor pays your debts, your list of remaining assets might include the following:

- 1968 classic car
- Motorboat
- House including furnishings
- Cottage in the country
- Stocks and bonds

Specific gift: You could designate your house including furnishings as a specific gift to your spouse and your 1968 classic car as a specific gift to your favorite nephew. If you do not wish to make any other specific gifts then the residue of your estate would consist of your motorboat, your cottage in the country, and your stock and bond holdings.

Residue of your estate: The residue of your estate includes all remaining assets not already given as specific gifts. If you have named more than one beneficiary for the residue of your estate then your executor may have to sell your remaining assets (in this example, your motorboat, your cottage in the country, and your stock and bond holdings) and divide the cash equally among your remaining beneficiaries according to the proportions you have indicated.Giving to a charitable organizationYes, you can make a gift to a charitable organization. To make a specific gift to a charity, ensure that you provide the full name of the charity and for “Beneficiary’s Gender” select “Corporate”. Under “Beneficiary Address” provide the full address of the charity’s main office. Also, it is a good idea to provide an alternative beneficiary to a charitable gift in case the charity folds or no longer exists at the time of your death.What can't be given awaySome things cannot be given as gifts in a Last Will including:

1) Your spouse's property.
2) The proceeds of a life insurance policy, retirement fund, or annuity where a beneficiary is already named.
3) Jointly held property where another party has a right of survivorship.

Residue of Estate

Indicate how many beneficiaries you wish to name for the residue of your estate:

All to my child.

All to my children, in unequal shares.

Divide among selected beneficiaries according to shares that I choose.

Unequal Distribution

Your Personal Representative will divide the residue of your estate into 100 equal shares and divide these shares as follows:

Total: 0 Shares
(The total must add up to 100 shares.)

The total for all children must add up to 100.00 shares.

If my spouse does not survive me, I want to choose other beneficiaries.

Alternate Beneficiaries for Residue of Estate

Number of people/organizations receiving shares:

1

First Alternate Beneficiary of Estate Residue

Your Personal Representative will divide the residue of your estate into 100 equal shares and divide these shares as follows:

Name of Beneficiary:

City of Beneficiary:

State:

Select the State

Number of Shares:

Total for all beneficiaries must add up to 100 shares.

The total for all beneficiaries must add up to 100 shares. Currently, they add up to 0 shares.

Number of Beneficiaries:

1

First Beneficiary of Estate Residue

Your Personal Representative will divide the residue of your estate into 100 equal shares and divide these shares as follows:

Name of Beneficiary:

Beneficiary City/State:

Enter the city and state. The street number is not necessary.

(e.g. "Dallas, Texas")

Number of Shares:

Total for all beneficiaries must add up to 100 shares.

Who will get this portion of your estate if this beneficiary dies before you?

Do not specify

Someone else I name

Alternate Beneficiary

Name:

City/State:

Enter the city and state. The street number is not necessary.

(e.g. "Dallas, Texas")

The total of all shares must add up to 100 shares. Currently, they add up to 0 shares.

Frequently Asked Questions

"Residue of the Estate" definitionThe "residue" of your estate is everything that is left over after your debts are paid and the specific gifts have been given.

Distribution of Residue of Estate

Number of recipients:

1

First Beneficiary of Estate Residue

Name:

Address:

e.g. "Halifax, Nova Scotia" (street
number not necessary)

Shares of Residue of Estate:

The total for all beneficiaries must add up to 100 shares. Currently, they add up to 0shares.

Wipeout Clause

Include a Wipeout Clause?

When no named beneficiary survives you:

Shares to go to your family:

Divide the estate equally amongst your:

Parents and Siblings

Number of wipeout recipients:

1

First Wipeout Beneficiary

Name:

City/State:

Enter the city and state. The street number is not necessary.

(e.g. "Dallas, Texas")

Divide your estate among your Spouse's Family

Shares to go to your spouse's family: 100 shares

Split the estate equally amongst my Spouse's:

Parents and Siblings

Frequently Asked Questions

Wipeout Clause definitionA wipeout clause lets you describe how you want to distribute your estate in the event that all of your named Beneficiaries die before you. Otherwise the government will decide how to distribute your estate.Role of a Wipeout ClauseIf none of your named beneficiaries or alternates survive you, then the law may treat the remainder of your estate as if you had died without leaving a Last Will. In cases where a person dies without leaving a Last Will, the law has a formula to divide assets among parents, siblings and extended family.

If it is possible that all of your immediate family (including your children and grandchildren) could predecease you or die at the same time as you in a common accident, then it is prudent to include a wipeout clause.

Forgive Debts

I wish to forgive some debts in my Last Will.

Number of debts to be forgiven:

1

Debtor

Name:

City/State:

Enter the city and state. The street number is not necessary.

(e.g. "Dallas, Texas")

Description of Debt:

Provide a description of the debt including a description of the subject of the debt (property or service) and list any dollar amounts still owing. Include the date that the original loan was made. Provide a complete description of the debt so that there will not be any confusion after you are gone.

Provide a description of the debt including the original loan date and any dollar amounts still owing. Be as specific as possible to ensure there is no confusion.
(e.g. $10,000 loaned in November, 1998 for the purchase of a house in Dallas, Texas.)

Frequently Asked Questions

How forgiving a debt worksWhere the Testator is owed money at the time of death, it would be the responsibility of the executor to collect all monies owed and add this to the assets of the estate. A Testator could also elect to forgive some outstanding debts. This has a similar effect to granting a specific gift.

Remember that the person who owes the debt to the estate would have to declare the forgiven portion of the debt as taxable income (Discharge of Indebtedness Income) which would be taxable under Section 61 of the Internal Revenue Code.

Pet Guardian

I have pets that must be cared for after I pass away.

Number of pets requiring guardians:

1

Pet & Guardian

Pet Name:

(e.g. Lassie)

Pet Description:

If you have more than one pet of a similar species then you need to describe your pet more carefully to avoid any confusion. Provide a species or physical description if needed.

Choose a Guardian:

I will appoint a Pet Guardian for this pet

My Personal Representative will select a guardian

Guardian Name:

Enter the full name of the person you wish to act as guardian for your pet.

(e.g. Samuel Eric Thompson)

City/State:

Enter the city and state. The street number is not necessary.

(e.g. "Dallas, Texas")

Pet maintenance:

Enter a maximum dollar amount for pet maintenance. This amount will be paid as a one time sum to this guardian to be used for the future care, feeding and maintenance of this pet. This amount is a maximum only. Your Personal Representative will have the discretion to pay a lessor amount if appropriate.

(e.g. $1000, $2,500.)

Frequently Asked Questions

Pet Guardian definitionA Pet Guardian is someone who will look after your pets after you have passed away.

Additional Clauses

I need to give additional instructions in my own words.

- No additional instructions are necessary for most people -

How many additional clauses?

1

Click here for additional drafting tips

Additional Clause

Frequently Asked Questions

Referring to people and terms in clausesDo not use different names or words to refer to the same person or thing. This can cause confusion and ambiguity by appearing to introduce new or different people or items.

Certain words were capitalized and defined already in this document. Use the same predefined terms in your additional clauses.

Do not use pronouns such as: they, us, we, our, you, or me. Pronouns may be ambiguous and can cause confusion. e.g.:

Wrong: I leave my car and household furnishings to her.
Correct: I leave my car and household furnishings to my brother William Kenneth Smith.

Drafting clauses in plain englishPlain English means language that is simple and conveys ideas with the greatest possible clarity and avoids using legalese.

Legalistic Style		Plain English
at the present time		now
due to the fact that		because; since
during such time as		while
for the duration of		during
inasmuch as		because; since
in the event that		if
notwithstanding the fact that		although; even if
prior to		before
pursuant to		under; in accordance with
subsequent to		after
that certain		a
with reference to		about

Miscellaneous tipsDo not abbreviate words.

Use numerals, not words, to denote amounts.

Do not repeat or contradict what has already been stated.

Only put one paragraph per additional clause.

Order your additional clauses in a logical sequence.

Make sure your meaning is clear.

Spell-check your clause.Funeral Instructions ClauseIt is not a good idea to include funeral arrangements in your Last Will. Anything you write in your Last Will concerning funeral arrangements is not binding, and there is a good possibility no one will look at your Will until after your funeral. If you do put directions for your funeral in your Will, make sure your executor and family members who will be arranging your funeral know that you have done so. You can use the Additional Clauses section to specify your funeral instructions.

Sign and Witness

When will you sign this Last Will:

Today

Specific signing date:

Signing location (City/Town):

(e.g. Dallas)

Number of witnesses:

Two

In Vermont, you need at least THREE witnesses to attest to a Last Will or Codicil.In [Select your state.], the signing of a Last Will must be witnessed by at least two (2) or more competent individuals.

Frequently Asked Questions

Requirements for Witnesses
Select your state to see your specific requirements.
Generally, a witness must understand what they are signing and must be competent to testify in court.

Number of witnesses requiredSelect your state to see your specific requirements.

Additional Instructions

- IMPORTANT -

Print and review the following documents:

Instructions on Executing Your Last Will.

Instructions on the New Hampshire Self-proving Affidavit.

Instructions on Using Your Self-proving Affidavit.

Frequently Asked Questions

Important information about witnessesPlease select a state to see your specific requirements.
The requirements for signing and witnessing a Last Will vary from jurisdiction to jurisdiction.

Signing "in the presence of" means the witnesses actually watch the you sign. The Testator and the witnesses should initial the bottom right hand corner of each page of the Last Will (except the last page which is signed by everyone).

Witnesses should NOT be individuals who will be receiving gifts in the Will or the spouses of individuals receiving gifts in the Will.Beneficiaries as witnessesA beneficiary should not be a witness to your Last Will, nor should the spouse of a beneficiary be a witness to your Last Will. Where a witness will receive a gift under the Last Will, this creates a presumption that the gift was provided under duress.

Generally, a Last Will is not invalid simply because a witness is a beneficiary to the Will. BUT, in many states the amount of a gift to a witness may be reduced to what the witness would have received if the Testator had died intestate.Executor(s) as witnessesYes, but only if the Executor is not a beneficiary in your Will. "Self-proving Will" definitionA Self-proving Will includes an Affidavit of Execution which attests to the fact that your Will has been properly executed. Normally a witness will be required to testify in probate court that the Last Will was executed properly. Alternatively, this requirement may be satisfied by having each witness swear an oath and sign an Affidavit of Execution in front of a notary. This removes the requirement of having one of your witnesses go to court to verify proper execution. If available in your state, the required form will be included with your Last Will.Filing my Last WillYou do not have to file your Will with any court system or government body. However, you should store your Will in a safe place where your executor or personal representative will be able to locate it.

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Personal Representative/Executor

Executor Information

Second Executor

Executor

Second Executor

Alternate Personal Representative/Executor

Second Alternate Executor

Second Alternative Executor

Children

Trustee

Trustee

Guardian

California Prohibited Gifts

Specific Gifts

Residue of Estate

Unequal Distribution

Alternate Beneficiaries for Residue of Estate

First Alternate Beneficiary of Estate Residue

First Beneficiary of Estate Residue

Alternate Beneficiary

Distribution of Residue of Estate

First Beneficiary of Estate Residue

Wipeout Clause

When no named beneficiary survives you:

First Wipeout Beneficiary

Divide your estate among your Spouse's Family

Forgive Debts

Debtor

Pet Guardian

Pet & Guardian

Additional Clauses

Additional Clause

Sign and Witness

Additional Instructions

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