Updated February 20, 2024
A last will and testament or will is a legal document that records how an individual (testator) chooses to distribute property, care for children, and make special wishes after their death. It should include a personal representative (executor), who is a trusted person in charge of ensuring the estate is distributed according to the will.
Table of Contents |
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
How to Make a Will (5 steps)
- Identify Your Assets
- Appoint a Personal Representative (Executor)
- Choose Your Beneficiaries
- Signing
- Store the Will
2. Appoint a Personal Representative (Executor)
A personal representative (or executor) is a person who will be in charge of delivering the testator’s assets to the beneficiaries after death. It is common for the personal representative to be the main beneficiary or have a vested interest in the testator’s estate.
4. Signing
Under most states, a will can be signed with two disinterested witnesses (except Colorado and Louisiana, which require a notary public). However, it is highly recommended to have notarized as a last will and testament can be contested for any reason by disgruntled family members that were left out.
Signing Requirements: By State
State | Signing Requirements |
Alabama | § 43-8-131 Two Witnesses |
Alaska | AS 13.12.502 Two Witnesses |
Arizona | § 14-2502 Two Witnesses |
Arkansas | § 28-25-102 Two Witnesses |
California | 6110 Two Witnesses |
Colorado | § 15-11-502 Two Witnesses or Notary Public |
Connecticut | Section 45a-251 Two Witnesses |
Delaware | DE Title 12, Chapter 2 § 201 & 202 Two Witnesses |
Florida | FL Section 732.502 Two Witnesses |
Georgia | GA Section 53-4-20 Two Witnesses |
Hawaii | HI Section 560:2-502 Two Witnesses |
Idaho | ID Section 15-2-502 Two Witnesses |
Illinois | Section 755 ILCS 5/4-3 Two Witnesses |
Indiana | IC 29-1-5-3 Two Witnesses |
Iowa | Section 633.279 Two Witnesses |
Kansas | Section 59-606 Two Witnesses |
Kentucky | Section 394.040 Two Witnesses |
Louisiana | Art. 1577 Two Witnesses and a Notary Public |
Maine | Section 2-503 Two Witnesses |
Maryland | Section 4-102 Two Witnesses |
Massachusetts | Section 2-502 Two Witnesses |
Michigan | Section 700-2502 Two Witnesses |
Minnesota | Section 524.2-502 Two Witnesses |
Mississippi | Section 91-5-1 Two Witnesses |
Missouri | Section 474.320 Two Witnesses |
Montana | Section 72-2-522 Two Witnesses |
Nebraska | Section 30-2327 Two Witnesses |
Nevada | NRS 133.040 Two Witnesses |
New Hampshire | Chapter 551 Two Witnesses |
New Jersey | Section 3B:3-2 Two Witnesses |
New Mexico | Section 45-2-502 Two Witnesses |
New York | Section 3-1.1 Two Witnesses |
North Carolina | G.S. 31-3.3 Two Witnesses |
North Dakota | 30.1-08-02. (2-502) Two Witnesses |
Ohio | ORC 2107.03 Two Witnesses |
Oklahoma | 84 OK Stat § 84-55 Two Witnesses |
Oregon | ORS 112.235 Two Witnesses |
Pennsylvania | Title 20 § 2502 Two Witnesses |
Rhode Island | Section 33-5-5 Two Witnesses |
South Carolina | Section 62-2-502 Two Witnesses |
South Dakota | Section 29A-2-502 Two Witnesses |
Tennessee | Section 32-1-104 Two Witnesses |
Texas | Sec. 251.051 Two Witnesses |
Utah | 75-2-502 Two Witnesses |
Vermont | 14 V.S.A. § 5 Two Witnesses |
Virginia | § 64.2-403 Two Witnesses |
Washington | CW 11.12.020 Two Witnesses |
Washington D.C. | § 18-103 Two Witnesses |
West Virginia | Section 41-1-3 Two Witnesses |
Wisconsin | Section 853.03 Two Witnesses |
Wyoming | Section 2-6-112 Two Witnesses |
Frequently Asked Questions (9)
Is it necessary to have a will?
No, but when a person dies without a last will and testament, they leave their assets in the hands of the court system. Because of this, disputes and confusion can easily arise between family members. Every adult benefits from having a will, especially those that have assets of value.
Who can be a Witness?
A valid witness is an adult not related to the testator by blood or marriage and is not a beneficiary in their estate plan.
What if I already made a Will?
The latest version of a will is used in the probate process. The probate process commonly begins 30 days after a person’s death and allows any party to bring forward estate documents to the probate court.
Which state governs my will?
Where the testator resides is the state that governs the will, but for those that live in multiple states, the presiding state would be considered the one in which the testator pays personal income tax.
Which types of personal property can I include?
Personal property is any type of possession with value that does not include cash. Personal property includes vehicles, jewelry, collectibles, furniture, etc. A testator may choose to give all of their personal property to one person or proportionately allocate personal property to multiple beneficiaries.
What happens if a beneficiary dies?
If the primary beneficiary dies before the testator, that deceased beneficiary can be removed from the will. If a second recipient/beneficiary is listed, the property will be distributed to them. In some states that use the Uniform Probate Code, a beneficiary must survive for at least five days following a testator’s death to inherit property.
If there is no alternate beneficiary to inherit the estate upon death, the will would then be subject to the governing state’s “Anti-Lapse” Laws.
Can I appoint someone to take care of my pets?
Yes. In your will, you can select a person to be the caretaker (guardian) of your pets upon your passing.
How do I amend a will?
The testator can amend a will with a codicil to a will (or simply a “codicil”). Wills can be amended for any reason, such as changing the executor, personal representative, beneficiary(ies), or any other facet of the estate transfer. The codicil is required to be attached to the will and signed under state law.
Intestate (No Will After Death) – What Happens?
Dying intestate means that an individual passed away without a will. In this case, the court would determine how assets are handled and who is awarded real and personal property. Court decisions can take many months and must be agreed to by the family members (heirs).
If no will was recorded by the deceased individual, and the estate is valued under a certain amount (governed by state limits), the property may be distributed through a small estate affidavit.
Estate Planning Checklist
Use this checklist as a guide to ensure an individual’s estate is complete to the fullest extent by law, which includes incorporating end-of-life decisions. Power of attorney forms, for example, allows individuals to choose a representative to make financial and medical decisions on their behalf if they cannot do it themselves.
In addition, a living will allows a person to make decisions about their medical treatment requests that precede a potential incapacitating event, like donating organs in the event of death, receiving pain medication, or accepting or rejecting resuscitation measures.