Last Will and Testament by EasyLegalDocs

Open Legal LibraryUpdated 29 Oct 2025

This document is a Last Will and Testament, allowing an individual (the Testator) to specify how their assets will be distributed after their death. It also appoints an executor to manage the estate and can designate a guardian for minor children. This template helps ensure your wishes are legally documented.

LAST WILL AND TESTAMENT

I, [Testator Name], of the city of [Testator City], in the state of [Testator State], being of sound mind and legal age, declare this to be my Last Will and Testament, revoking all prior wills and codicils.

ARTICLE I: DECLARATION

I declare that this is my will and that I am making these provisions freely and voluntarily.

ARTICLE II: FAMILY INFORMATION

I am (Circle One): Married, Separated, Single, Widowed.

My partner’s name is [Spouse Name], and I have [Number of Children] child(ren):

____________________________

____________________________

If I have additional children born or adopted after the execution of this will, they shall share equally in my estate unless otherwise specified.

ARTICLE III: APPOINTMENT OF EXECUTOR

I nominate and appoint [Executor Name] of the city of [Executor City], in the state of [Executor State] as Executor of this will.

If they cannot serve, I nominate [Alternate Executor Name] of the city of [Alternate Executor City], in the state of [Alternate Executor State]as an alternate Executor.

My Executor shall have the power to:

Pay my debts, taxes, and expenses.

Sell, lease, or manage my property without court approval.

Distribute my estate according to this will.

ARTICLE IV: DISPOSITION OF PROPERTY

I direct that my property be distributed as follows:

Specific Bequests:

I give ______________to ____________________________.

I give ______________ to ____________________________.

I give ______________ to ____________________________.

I give ______________ to ____________________________.

Residue of Estate:
I give the remainder of my estate to [Residue Beneficiary]. If they predecease me, I give the residue to [Alternate Residue Beneficiary].

ARTICLE V: GUARDIANSHIP

If I have minor children at the time of my death, I appoint [Guardian Name] of the city of [Guardian City], state of [Guardian State] as Guardian of the person(s) of my minor children. If they cannot serve, I appoint [Alternate Guardian Name] of the city of [Alternate Guardian City], state of [Alternate Guardian State].

ARTICLE VI: GENERAL PROVISIONS

If any provision of this will is deemed invalid, the remaining provisions shall remain in effect.

My Executor shall not be required to post bond or furnish surety.

ARTICLE VII: SIGNATURE AND WITNESSES

I, [Testator Name], declare that this document is my Last Will and Testament. I sign it willingly and in the presence of the witnesses listed below.

Signature: ____________________________

Date: [Execution Date]

WITNESSES

We, the undersigned, declare under penalty of perjury that [Testator Name], known to us, signed this will in our presence and declared it to be their Last Will and Testament. We sign our names as witnesses at their request, in their presence, and in the presence of each other.

Witness #1 Name: ____________________________ Address: ____________________________ Signature: ____________________________


Witness #2 Name: ____________________________ Address: ____________________________ Signature: ____________________________

NOTARIZATION

STATE OF [Notary State]
COUNTY OF [Notary County]

Subscribed and sworn to before me by [Testator Name] and witnesses ________________and ________________ on this _______ day of _______, _______.


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About this template

What is this template?

This document is a formal declaration of how a person's assets and responsibilities are handled after death. It is not a Living Will, which deals with healthcare decisions while alive. It contains specific sections for appointing an Executor and designating guardians for minor children.

When should you use it?

Use this document when you wish to formally document asset distribution and child custody preferences. Use a Living Trust if you want assets to bypass the probate process entirely.

What's inside

ClauseNameWhat it does
ARTICLE IIFAMILY INFORMATIONIdentifies the Testator's marital status and lists children who will share equally in the estate unless specified otherwise.
ARTICLE IIIAPPOINTMENT OF EXECUTORNominates an Executor and an alternate to manage debts, taxes, and the distribution of property without court approval.
ARTICLE IVDISPOSITION OF PROPERTYDistributes specific assets to named recipients and assigns the remainder of the estate to a Residue Beneficiary.
ARTICLE VGUARDIANSHIPAppoints a primary and alternate Guardian for any minor children surviving the Testator at the time of death.
ARTICLE VIGENERAL PROVISIONSWaives the requirement for the Executor to post bond and ensures the validity of remaining provisions if one is deemed invalid.

Who it's for

  • a parent appointing a Guardian for minor children in their absence
  • an individual directing the distribution of specific personal property to recipients
  • a person nominating an Executor to manage their estate's debts and taxes
  • a testator wishing to declare their final intentions and revoke prior wills

How long it runs and how it's signed

How long
Used once
Signed by
Testator, Witness #1, Witness #2, Notary Public
Witness
Required
Notarisation
Required
Also needed
notary seal required; witnesses must sign in presence of testator

United States note

This version is drafted for US law generally. Contract, employment and consumer rules vary by state — for example on non-competes and at-will employment. Tell GitLaw which state applies and it adjusts the draft.

Categories
Jurisdiction
United States of America
Source
Last Will and Testament by EasyLegalDocs
from EasyLegalDocs
Document info
HTML document. Document created on Fri Sep 26th, 2025. Last updated on Wed Oct 29th, 2025.
This document is public
Licensed under CC BY 4.0 (Attribution).
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