Free Last Will and Testament

A Last Will and Testament entails how you would like your properties and other affairs settled after you are no longer of this earth.

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The Last Will and Testament is one of the most critical documents in estate planning. The will is not just about your assets and who gets them after you are gone. It is also a document allowing you to assign an executor for your funeral arrangements and the funds set aside for this purpose.

You will also need a Last Will and Testament to appoint guardians for your children and pets.

The will can also take care of any other dependents you might have. You can use a Last Will and Testament to leave money or assets to charity organizations as well.

What Is a Last Will and Testament?

Your Last Will and Testament contains all the crucial details about how you would like all of your affairs to be settled. Failure to set up your Last Will and Testament correctly can lead to a dispute in probate court. The testator of the names the executor of the estate, the person responsible for administering the will. The probate court will see that the executor acts in good faith when carrying out the will.

Other Names for Last Will and Testament

Depending on your state, a Last Will and Testament may also be known as:

  • Last Will

  • A Will

  • Testament

Who Needs a Last Will and Testament

Everyone needs a Last Will and Testament. Irrespective of your possessions, it is always a good idea to name your beneficiaries rather than relying on your state's intestacy laws.

Another reason to have the Last Will and Testament written up is to relieve your family of the funeral arrangements. If you're a parent, you will need a will to designate your children's guardians in the event of your passing rather than relying on the state to decide.

Why Use 360 Legal Forms for Your Last Will and Testament

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Last Will and Testament.

Specific to Your Jurisdiction

Laws vary by location. Each document on 360 Legal Forms is customized for your state.

Fast and easy

All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.

How to Create a Last Will and Testament with 360 Legal Forms

Your Last Will and Testament is one of the essential documents you'll ever need to create. With the provision of a few key details, you can rely on 360 Legal Forms to create an appropriate Last Will and Testament that suits your situation and complies with federal and local laws.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Last Will and Testament?

To create your document, please provide:

  • Testator information: The legal name and address of the testator of the will.

  • Testator's family: The spouse, children, and other family members identified.

  • Guardian information: The legal name and additional personal information of the testator's children's appointed guardian.

  • Witness information: The legal names and information of two witnesses.

  • Beneficiary information: The legal names and other identification of all the beneficiaries.

  • Assets distribution: Instructions on how the estate will be distributed after the death of the testator.

  • General provisions: Additional clauses for correct interpretation of the will.

  • Funeral arrangements: Details of the testator's wishes in regards to the funeral.

  • Digital assets: Instructions on how to handle social media accounts, computer equipment, and technology assets.

  • Signatures: The testator and the two witnesses must sign the Last Will and Testament.

Last Will and Testament Terms

  • Testator/Testatrix: A person making the Last Will and Testament.

  • Executor: A person executing the testator's affairs according to the will.

  • Guardian: A person whom the testator designates to take care of the minor children in the event of death.

  • Dependent: A person who relies on the financial support of the testator.

  • Witness: A mentally fit person of legal age to witness the signing of the will.

  • Legacy: Money and assets left to others in the will.

  • Probate: This is a legal process to review and carry out a will, including the estate distribution, if there is no will.

  • Intestate: The status of not having a will.

  • Estate: A person's possessions during their lifetime and after death.

Last Will and Testament Signing Requirements

Before you sign the Last Will and Testament, you should review it for accuracy. You will need two witnesses of sound mind to witness the document's signing to be carried out in front of a notary public. Notarization is a requirement, or the validity of the will may come into question.

What to Do with Your Last Will and Testament

Except for the state of Louisiana, you are required to attach a self-proving affidavit with your Last Will and Testament. The affidavit is used by the probate court to authenticate the validity of the will. As is to be expected, it also must be notarized and filed alongside the will.

Frequently Asked Questions

Not having a Last Will and Testament means that you don't have control over who will take care of your minor children and what will happen to your assets and properties. In addition, relatives can dispute the distribution and cause rifts in the family. You will be known as to have died intestate and the state’s intestacy laws will kick in.

This is a type of will that has been hand-written. The testator is to sign it and it can sometimes serve as an alternative to a will created at a law office. Not all states will recognize the validity of the holographic will and even those that do will ask for detailed authentication.

In most cases, when creating a Last Will and Testament you will also create a power of attorney. The POA authorizes another person to take care of your financial and other affairs when you are alive, whereas the Last Will would do the same after death. The two serve as a continuous umbrella of personal and estate protection.

This is a type of joint will where two parties, usually spouses or unmarried couples, create identical provisions for each other. It is to outline what happens to their assets if one or both are to die.

If you already have a properly executed Last Will and Testament, you can use a codicil to make small changes to the Last Will. You can also view it as a sort of contract amendment that adds smaller important details.