Last Will and Testament (United States) Form

Governing Law

State/Territory:

Get Legal and Technical Assistance for this Will

Your Information (USA)

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

Your Name:

Your City/Town:

Your State:

(Required)

Select the state where you currently have a permanent residence.

Your Gender:

Marital Status:

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

Signing Jurisdiction

The requirements for signing and witnessing a Last Will can be slightly different in each jurisdiction. The help provided for the questions that follow will be based on the jurisdiction that you select for the Signing Location.

City/Town:

State:

(Required)

Select the state where you will sign and witness your Last Will.

You must select a jurisdiction to continue.

Standard or Specialized

Standard or Specialized Last Will:

(Required)

You may select the Standard Will with all the standard features or the Specialized Will if you have additional requirements.

Standard Features Includes:
- Specific Gifts
- Divide up your estate by shares
- Children
- Executor Powers
- Testamentary Trusts
- Witness Instructions Specific to your State
- Self-Proving Affidavit Specific to your State

Specialized Features Includes:
- All Standard features PLUS:
- Pet Guardian Option
- Forgive Debts Option
- Wipeout Option

You must select either the Standard or the Specialized option.

Personal Representative/Executor

The executor is the person you chose to administer your estate.

Number of Executors:

OneTwo

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

Executor Information

Name:

City/Town:

State:

Alternate Personal Representative/Executor

The 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 as your Executor.

I want to designate an alternate executor. (Recommended)

Children

Number of children:

List all children from any relationship, born to you or legally adopted by you.

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.

Trustee

The 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.

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

Guardian

The guardian is the person with the authority and responsibility to take care of your minor or dependent children.

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

Grandchildren

Number of your grandchildren:

Note: You may want to list all of your grandchildren. Depending on your state law, a grandchild not specifically named in your Will may have the right to claim against your Will as if no Will had been created. If you have no grandchildren or do not wish to name any just leave the number at zero.

Disposing of Your Estate

Divide 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.

See Example

Specific Gifts

Use this section if you want to give a specific gift to a specific person. Make sure you describe the gift well enough that anyone reading your Will would recognize what you mean. Clearly identify the beneficiary.

Number of specific gifts:

Residue of Estate

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

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

Alternate Beneficiaries for Residue of Estate

Number of people/organizations receiving shares:

First Alternate Beneficiary of Estate Residue

Name of Beneficiary:

City of Beneficiary:

State:

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

Number of Beneficiaries:

First Beneficiary of Estate Residue

Name of Beneficiary:

Address of Beneficiary:

(e.g. "Dallas, Texas" or "Halifax, Nova Scotia")

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

Someone else I name
Do not specify

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

Distribution of Residue of Estate

Number of recipients:

First Beneficiary of Estate Residue

Name:

Address:

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

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

Wipeout Clause

If none of your named beneficaries or alternates survive you, then the law may treat all or the remainder of your estate as if you had died without leaving a Last Will.

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, it is prudent to provide a means to distribute the residue of your estate.

Include a Wipeout Clause?

Forgive Debts

I wish to forgive some debts in my Last Will.

Pet Guardian

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

Additional Clauses

How many Additional Clauses do you want to create?

Witnesses and Execution Date

The signing requirements can be slightly different in each jurisdiction.

*** Please select a state in the Signing Jurisdiction section - See Above ***

Execution date for this Last Will:

Number of witnesses:

Support

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Governing Law

Your Information (USA)

Signing Jurisdiction

Standard or Specialized

Personal Representative/Executor

Executor Information

Second Executor

Executor

Second Executor

Alternate Personal Representative/Executor

Second Alternate Executor

Alternative Executor

Second Alternative Executor

Children

Trustee

Trustee

Guardian

Guardian

Grandchildren

Disposing of Your Estate

Specific Gifts

Residue of Estate

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, divide your estate among your family

First Wipeout Beneficiary

Divide your estate among your Spouse's Family

Forgive Debts

Debtor

Pet Guardian

Pet & Guardian

Additional Clauses

Witnesses and Execution Date

Additional Help

Related Contracts

Frequently Asked Questions

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