What Is a Last Will and Testament?

Basics · 6 min read · Updated September 16, 2026

A last will and testament is a written legal document that says who receives a person’s property after death, who is in charge of carrying out those instructions, and, if there are minor children, who is nominated to raise them. It only takes effect after death and can be changed at any time while the person who made it is alive and mentally capable. Without one, state law decides all of those questions instead.

What a will actually does

The word “testament” is old, but the job is simple. A will lets a person do four things:

1. Name beneficiaries. The will says who gets what. That can be specific items (“my grandmother’s ring to my niece”), specific amounts of money, or a share of everything that is left over (the “residuary estate”).
2. Name an executor. The executor (called a “personal representative” in some states) is the person responsible for gathering the assets, paying debts and taxes, and distributing what remains according to the will. See What Does an Executor Do? for the full job description.
3. Nominate a guardian for minor children. A will is the only place most parents can formally tell a court who they want to raise their children if both parents die. Courts give that nomination heavy weight, though the judge makes the final decision based on the child’s best interests.
4. Set the ground rules. A will can say whether gifts pass to a beneficiary’s descendants if that beneficiary dies first, require a beneficiary to survive by a certain number of days, waive the executor’s bond, and address other administrative details.

The person who makes the will is called the testator. The people who receive property are beneficiaries. The court-supervised process of proving the will and settling the estate is probate.

What a will does not do

A will is powerful, but it is not a catch-all. Several kinds of property pass outside a will entirely, no matter what the will says:

• Life insurance and retirement accounts go to whoever is listed on the beneficiary designation form with the insurer or plan administrator.
• Payable-on-death (POD) bank accounts and transfer-on-death (TOD) brokerage accounts go to the named recipient.
• Jointly owned property with right of survivorship goes automatically to the surviving co-owner.
• Assets already in a trust are governed by the trust document.

This is why reviewing beneficiary designations is just as important as writing the will. The article Does a Beneficiary Designation Override a Will? covers this in detail.

A will also does not avoid probate. Probate is the process that gives the will legal force. In many states, probate for a simple estate is straightforward and inexpensive; in others it can be slow. People who want to avoid probate often look at a living trust, which is compared in Will vs. Living Trust.

Finally, a will has no effect on anything that happens while the person is alive. It does not appoint someone to manage finances during an illness, and it does not express medical wishes. Those jobs belong to a durable financial power of attorney and an advance healthcare directive.

What makes a will valid

Every state sets its own rules, but the core requirements are similar across the country:

• Age and capacity. The testator is generally required to be at least 18 (with narrow exceptions) and of “sound mind,” meaning they understand what a will is, what they own, and who their family members are.
• In writing. A typed or printed document is the norm. Some states also recognize handwritten (“holographic”) wills without witnesses, but the rules are strict and vary.
• Signed by the testator. Usually at the end of the document.
• Witnessed. Most states require two adult witnesses who watch the testator sign and then sign themselves. Many states have rules about witnesses who are also beneficiaries, and it is widely considered safer to use witnesses who receive nothing under the will.
• Notarization. In most states a notary is not required for the will itself, but a notary is required for the optional self-proving affidavit that makes the will easier to admit to probate. Louisiana is the significant exception, with a notarial form that does require a notary. See How to Sign a Will So It Holds Up.

Because the signing rules are where most do-it-yourself wills fail, every document generated on this site comes with a state-specific signing cover sheet that lists the witness count, notary requirement, and affidavit status for the selected state.

Types of wills people encounter

• Simple will. Leaves property outright to named beneficiaries. This is what most people with uncomplicated estates need, and it is what the free will on this site produces.
• Pour-over will. Used alongside a living trust; it sends anything not already in the trust into the trust at death.
• Holographic will. Entirely handwritten and signed, recognized in roughly half of the states without witnesses. Risky because it is easy to challenge and easy to get wrong.
• Living will. Despite the name, this is not a will at all. It is a healthcare document about end-of-life treatment.

A will versus dying without one

If a person dies without a valid will, they are said to die “intestate,” and the state’s intestacy statute decides who inherits. The order usually starts with the spouse and children, then parents, siblings, and more distant relatives. Unmarried partners, stepchildren, close friends, and charities receive nothing under these default rules. The court also chooses the administrator and, for minor children, the guardian, without any input from the deceased. What Happens If You Die Without a Will? walks through this in more detail.

Keeping a will current

A will is a snapshot of a person’s life at the moment it was signed. Marriage, divorce, births, deaths, moves to another state, and significant changes in assets are all common reasons to revisit it. See When to Update Your Will.

Changes are made either by signing a new will (which typically revokes all earlier ones) or by signing a short amendment called a codicil, which must be executed with the same formalities as the original will.

Why attorney review still matters

A self-help will is a legitimate legal document when it is drafted clearly and signed correctly. It is not a substitute for advice tailored to a particular family. Blended families, beneficiaries with disabilities, business ownership, property in more than one state, and estates large enough to face estate tax all raise questions that a form cannot answer. Every document generated here carries a notice recommending review by a licensed attorney in the user’s state before signing, and that recommendation is meant seriously.

Frequently asked questions

Does a will need to be notarized?

In most states, no. The will itself needs the testator’s signature and the required witnesses. A notary is typically only needed for the optional self-proving affidavit, which is strongly recommended because it lets the will be admitted to probate without tracking down the witnesses later. Louisiana is a notable exception. Confirm the rule for a specific state with a licensed attorney.

Can a will be handwritten?

Some states recognize handwritten (holographic) wills without witnesses, while others do not recognize them at all. Even where allowed, a handwritten will is easier to contest and easier to get wrong. Most people choose a typed will signed in front of witnesses.

Does a will cover everything a person owns?

No. Life insurance, retirement accounts, payable-on-death accounts, jointly owned property with survivorship rights, and assets held in a trust pass outside the will according to their own rules. The will governs everything else, which is called the probate estate.

How much does it cost to make a will?

Costs range from nothing, using a self-help tool like this one, to several thousand dollars for a full attorney-drafted estate plan. Many people use a self-help will as a starting point and then have an attorney review it, which is less expensive than starting from a blank page.

Ready to make your will?

The guided questionnaire at /start asks about family, executor, guardians, and gifts, and produces a state-specific will along with a signing cover sheet for that state. Signing rules differ from state to state, so see the guide for a specific state at /wills/, and plan to have the finished document reviewed by a licensed attorney before signing.

This article is general information, not legal advice. Laws vary by state and change. Confirm anything that matters to you with a licensed attorney in your state.