Last Will and Testament
A legal document in which a person (the testator) directs who inherits their property, nominates an executor to carry out those wishes, and names guardians for minor children. It takes effect only at death and must be executed with statutory formalities — typically a signed writing attested by two witnesses.
What it means
A last will and testament is the core estate-planning instrument. It disposes of the probate estate, nominates the executor and guardians, and can create testamentary trusts for minor beneficiaries. Validity depends on execution formalities that vary by state: a writing, testamentary capacity (age and sound mind), the testator's signature, and attestation by witnesses. A will controls only probate assets — property with beneficiary designations or survivorship rights passes outside it.
Primary sources
State-by-state
Last Will and Testament is treated differently depending on jurisdiction. These guides cover the state-specific statutes and disclosures:
Read more
- Is an Online Will Legal? State Rules That Decide (2026) — Online wills are legal in all 50 states when signed and witnessed correctly. See the exact execution rules that make or break validity, state by state.
- Will vs Living Trust: Which One Do You Need? (2026) — Will vs living trust in plain English: what each costs, what probate really means, and a decision table showing which fits your estate — or whether you need both.
- Dying Without a Will: Who Gets What in Your State (2026) — Die without a will and state intestacy law picks your heirs, a judge picks your kids' guardian, and unmarried partners get nothing. See exactly who inherits.