Last Will and Testament Template, Free Download 2026

I, _________________________ ("Testator"), a legal resident of the State of _____________, County of _____________, being of sound mind and disposing memory, and not acting under duress, menace, fraud, or undue influence of any person, do hereby make, publish, and declare this instrument to be my Last Will and Testament.

I hereby revoke all former wills, codicils, and testamentary dispositions of every nature heretofore made by me, whether written, oral, or in any other form recognized by law. This instrument shall constitute my entire Last Will and Testament and shall supersede and replace all prior testamentary documents in their entirety.

I declare that I am making this Will voluntarily and of my own free will. I am not under any legal disability that would prevent me from executing a valid testamentary instrument under the laws of the State of _____________, and I have attained the age of majority as required by applicable law.

I am currently [married to / in a domestic partnership with] _________________________ (hereinafter referred to as "my Spouse"). All references to "my Spouse" in this Will shall refer exclusively to the individual named in this Section, and no prior spouse, former partner, or other individual shall be considered my Spouse for purposes of this instrument.

I have the following living children: _________________________. All references to "my Children" in this Will shall include only those individuals named in this Section, together with any children born to me or legally adopted by me after the execution of this Will. No stepchildren shall be considered my Children for purposes of this instrument unless specifically named herein.

In the event that any beneficiary named in this Will predeceases me, any bequest or devise to such deceased beneficiary shall lapse and shall be distributed as otherwise provided in this Will, unless a specific alternative disposition is designated in the relevant article. The issue of a deceased beneficiary shall not take by representation unless expressly provided for in this instrument.

I direct my Executor, as soon as practicable after my death and without the necessity of demand by any creditor, to pay all of my legally enforceable debts, including but not limited to secured and unsecured obligations, medical expenses incurred during my final illness, and any other debts that are properly chargeable against my estate under applicable law. Debts secured by real or personal property shall be paid from the general assets of my estate unless otherwise directed herein.

I direct my Executor to pay all expenses of my last illness, funeral, burial or cremation, and the costs of administering my estate, including reasonable attorney's fees, accounting fees, appraiser's fees, court costs, and Executor's commissions as permitted by applicable law. My Executor shall have discretion to determine the manner and location of my funeral and disposition of my remains unless I have made separate written arrangements or provided instructions in a document referenced herein.

All debts and expenses directed to be paid under this Article shall be paid from the residuary estate before distribution to any residuary beneficiary, unless my Executor determines in his or her sole discretion that a different order of abatement is appropriate under the laws of the governing state. If the residuary estate is insufficient to satisfy all debts and expenses, the deficiency shall be apportioned among the remaining gifts in accordance with the statutory order of abatement.

I give, devise, and bequeath the following items of tangible personal property to the individuals named below: _________________________. If any named beneficiary of a specific bequest predeceases me or fails to survive me by the period required under the Survivorship Clause of this Will, such bequest shall lapse and the property shall pass to the residuary estate. My Executor shall have sole discretion to resolve any disputes regarding the identification or allocation of tangible personal property.

If I have executed a separate written statement or list disposing of items of tangible personal property, as permitted by the laws of my state of domicile, I incorporate such statement or list by reference into this Will to the fullest extent allowed by law. Such statement or list may be prepared before or after the execution of this Will and may be modified by me at any time without the formalities required for a codicil, provided it is signed and dated by me and describes the items and recipients with reasonable certainty.

All tangible personal property not specifically bequeathed in this Article or in any referenced memorandum shall pass as part of the residuary estate. My Executor shall not be required to obtain formal appraisals of personal property unless he or she determines in good faith that an appraisal is necessary for proper administration, tax reporting, or resolution of disputes among beneficiaries. The cost of any such appraisal shall be charged as an expense of estate administration.

I give, devise, and bequeath the real property located at _________________________, together with all improvements, fixtures, and appurtenances thereto, to _________________________. This devise shall include all of my right, title, and interest in such property, whether held in fee simple, as a joint tenant, tenant in common, or under any other form of ownership, to the extent such interest is subject to testamentary disposition under applicable law.

Unless otherwise directed in this Article, all real property devised hereunder shall pass subject to any existing mortgages, liens, encumbrances, or security interests of record at the time of my death, and the beneficiary receiving such devise shall take the property subject to and shall assume responsibility for all such obligations. My estate shall not be required to exonerate any real property from indebtedness secured thereby unless I have expressly directed exoneration in this Will.

If any real property specifically devised herein has been sold, transferred, or otherwise disposed of by me prior to my death, such devise shall be deemed adeemed and the beneficiary shall have no claim against my estate for the value of the adeemed property or its proceeds. In the event of a partial disposition, the remaining interest, if any, shall pass to the designated beneficiary subject to the terms of this Article.

I give, devise, and bequeath all of the rest, residue, and remainder of my estate, whether real, personal, or mixed, of whatsoever kind and nature and wheresoever situated, including all property acquired by me after the execution of this Will and all property over which I have a power of appointment exercisable by will, to _________________________ (hereinafter "Residuary Beneficiary"), provided that the Residuary Beneficiary survives me by the period specified in the Survivorship Clause of this Will.

In the event the Residuary Beneficiary predeceases me or fails to survive me by the requisite period, I give, devise, and bequeath my entire residuary estate to _________________________ (hereinafter "Alternate Residuary Beneficiary"). If neither the Residuary Beneficiary nor the Alternate Residuary Beneficiary survives me by the requisite period, the residuary estate shall be distributed to my then-living issue, per stirpes, in accordance with the laws of intestate succession of my state of domicile.

The residuary estate shall bear all debts, taxes, expenses of administration, and other charges payable from my estate unless otherwise directed in this Will. All lapsed, failed, or adeemed bequests and devises shall fall into the residuary estate. Any income earned by the estate during the period of administration shall be added to and become part of the residuary estate and shall be distributed in accordance with this Article.

I hereby nominate, constitute, and appoint _________________________ as the Executor (hereinafter "Executor" or "Personal Representative") of this my Last Will and Testament. If the named Executor is unable or unwilling to serve, or ceases to serve for any reason, I appoint _________________________ as Successor Executor. Any reference to "Executor" in this Will shall include any duly appointed successor.

I direct that my Executor shall serve without bond, or with the minimum bond permitted by applicable law, to the extent that the court having jurisdiction over the probate of this Will permits such waiver. If a bond is required by law or by the court, the cost of such bond shall be paid as an expense of estate administration from the residuary estate.

My Executor shall be entitled to receive reasonable compensation for services rendered in the administration of my estate, as determined under the laws of the state of administration or by agreement with the beneficiaries. My Executor shall also be reimbursed for all reasonable and necessary expenses incurred in the performance of his or her duties, including travel, storage, professional fees, and other costs properly attributable to estate administration.

In addition to all powers granted by applicable law, I grant my Executor the broadest powers permissible under the laws of the governing state, including but not limited to the power to sell, lease, exchange, mortgage, pledge, option, or otherwise dispose of any real or personal property of my estate, at public or private sale, with or without notice, upon such terms and conditions as my Executor deems advisable, without the necessity of obtaining court approval unless required by mandatory provisions of law.

My Executor shall have the power to invest and reinvest estate assets in any form of property or investment, including stocks, bonds, mutual funds, real estate, certificates of deposit, and other instruments, whether or not such investments would be considered appropriate for trust or estate investment under the prudent investor rule or any similar standard. My Executor may retain any assets in the form in which they are held at the time of my death for such period as my Executor deems advisable, without liability for depreciation or loss resulting from such retention.

My Executor shall have the power to borrow money for the benefit of the estate, to compromise, settle, or abandon claims for or against the estate, to employ attorneys, accountants, investment advisors, and other professionals, and to execute all documents and instruments necessary or convenient for the proper administration of my estate. My Executor may distribute estate property in kind, in cash, or partly in each, and may make non-pro-rata distributions among beneficiaries if my Executor determines in good faith that such distributions are equitable in light of the nature and value of the assets.

My Executor shall have full authority to make all elections and decisions permitted under applicable federal, state, and local tax laws, including the selection of any fiscal year, the election of any method of valuation, and the allocation of deductions between the estate and income tax returns. My Executor shall not be liable to any beneficiary for the tax consequences of any election made in good faith and with reasonable judgment.

In the event that I am the surviving parent of any minor child at the time of my death, I hereby nominate and appoint _________________________ as Guardian of the person of each of my minor children (hereinafter "Guardian"). If the named Guardian is unable or unwilling to serve, or ceases to serve for any reason, I nominate _________________________ as Successor Guardian. I express my desire that the court give the fullest possible effect to these nominations in any guardianship proceeding.

The Guardian of the person of my minor children shall have full authority to provide for the care, custody, education, health, welfare, and upbringing of each child in the manner the Guardian deems to be in the best interests of the child, with due regard for the child's emotional, physical, and developmental needs. The Guardian shall have the authority to determine the child's place of residence, educational institution, medical care providers, and extracurricular activities.

I request that the Guardian appointed hereunder serve without the requirement of posting bond, or with the minimum bond permitted by applicable law. It is my express wish that my minor children remain together in the care of a single Guardian whenever possible. The Guardian shall consult with my Executor or the Trustee of any trust established for my children's benefit regarding the availability of funds to support the children's maintenance, education, and welfare.

If any beneficiary under this Will has not attained the age of _____ years at the time of distribution, the share of such beneficiary shall not be distributed outright but shall instead be held in a separate trust (the "Beneficiary's Trust") by the Trustee hereinafter named, for the benefit of such beneficiary, administered in accordance with the provisions of this Article. A separate trust shall be created for each such beneficiary, and the assets of each trust shall be held, managed, invested, and distributed independently.

The Trustee may distribute to or for the benefit of the beneficiary so much of the net income and principal of the Beneficiary's Trust as the Trustee, in the Trustee's sole and absolute discretion, determines to be necessary or advisable for the beneficiary's health, education, maintenance, and support, taking into account the beneficiary's other resources known to the Trustee. Any undistributed net income shall be accumulated and added to the principal of the trust at least annually.

Upon the beneficiary's attainment of the age specified above, the Trustee shall distribute the entire remaining balance of the Beneficiary's Trust, including accumulated income and undistributed principal, to the beneficiary outright and free of trust. If the beneficiary dies before attaining the specified age, the remaining trust property shall be distributed to the beneficiary's then-living issue, per stirpes, or if the beneficiary has no living issue, to the residuary estate of this Will.

I hereby nominate and appoint _________________________ as Trustee of each Beneficiary's Trust created under this Article. If the named Trustee is unable or unwilling to serve, I appoint _________________________ as Successor Trustee. The Trustee shall serve without bond unless required by law, and shall be entitled to reasonable compensation as permitted under the laws of the governing jurisdiction. The Trustee shall have all powers granted to my Executor under this Will, as well as all powers granted to trustees under applicable law.

If any beneficiary under this Will and I die simultaneously or under circumstances rendering it difficult or impossible to determine who predeceased the other, it shall be conclusively presumed for all purposes of this Will that such beneficiary predeceased me, and the provisions of this Will shall be construed accordingly. This presumption shall apply regardless of any contrary presumption established by the Uniform Simultaneous Death Act or any similar statute.

No beneficiary shall be deemed to have survived me for purposes of this Will unless such beneficiary survives me by at least thirty (30) days (the "Survivorship Period"). Any beneficiary who fails to survive me by the Survivorship Period shall be treated as having predeceased me, and any bequest, devise, or interest in my estate that would otherwise pass to such beneficiary shall be distributed as though such beneficiary had predeceased me.

If any beneficiary under this Will, directly or indirectly, contests or attacks this Will or any of its provisions, or seeks to impair or invalidate any provision hereof, or conspires with or assists any person in any such contest, the right of such beneficiary to take any interest given to him or her by this Will shall be completely revoked and such interest shall be disposed of as if the contesting beneficiary had predeceased me without surviving issue. This provision shall be enforced to the fullest extent permitted by applicable law.

For purposes of this Article, a "contest" shall include, but not be limited to, any proceeding to: (a) challenge the validity of this Will or any amendment or codicil thereto; (b) challenge the appointment of any Executor, Trustee, or Guardian named herein; (c) challenge the exercise of any fiduciary's discretion; (d) assert any claim against my estate that is inconsistent with the terms of this Will; or (e) file a creditor's claim against my estate that is not supported by a bona fide debt existing at the time of my death. A proceeding brought in good faith to construe or interpret any ambiguous provision of this Will shall not be considered a contest.

All estate, inheritance, succession, transfer, and similar taxes (including any interest and penalties thereon) imposed by any federal, state, or foreign jurisdiction by reason of my death with respect to property passing under this Will shall be paid from the residuary estate as an expense of administration, without apportionment among the beneficiaries, unless otherwise required by applicable law. My Executor shall not seek contribution or reimbursement from any beneficiary for taxes attributable to property passing under this Will.

With respect to any property passing outside of this Will, including but not limited to jointly held property, life insurance proceeds, retirement account benefits, and property held in revocable or irrevocable trusts, all taxes imposed by reason of my death on such property shall be borne by the recipient thereof and shall not be charged to or paid from my probate estate. My Executor shall have the right to seek reimbursement from the recipients of non-probate property for the taxes attributable thereto.

My Executor shall have full authority to make all tax elections, including but not limited to the election under Section 2056 of the Internal Revenue Code (marital deduction), the election under Section 2032 (alternate valuation date), the election under Section 2032A (special use valuation), and any generation-skipping transfer tax allocations. My Executor shall exercise such elections in the manner that my Executor determines, in his or her sole discretion, to be in the best overall interests of my estate and its beneficiaries, and my Executor shall not be liable for the consequences of any election made in good faith.

Governing Law. This Will shall be construed, administered, and governed in all respects in accordance with the laws of the State of _____________, without regard to conflicts of law principles. Any proceedings relating to the probate of this Will or the administration of my estate shall be commenced in the courts of such state, and I consent to the exclusive jurisdiction of such courts.

Severability. If any provision of this Will or the application thereof to any person or circumstance shall be held invalid, illegal, or unenforceable to any extent, the remainder of this Will and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the fullest extent permitted by law. Each provision of this Will is intended to be severable from every other provision.

Headings and Construction. The article and section headings used in this Will are for convenience of reference only and shall not affect the construction or interpretation of any provision hereof. Whenever the context requires, the singular shall include the plural and the plural the singular, and any gender shall include all other genders. The terms "include," "including," and similar terms shall be construed as though followed by the phrase "without limitation."

Execution and Attestation. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of _____ pages, each of which I have initialed for identification, on this _____ day of _____________, 20___. I declare that I have signed this Will willingly, that I have executed it as my free and voluntary act, and that I am of legal age and sound mind. I request the persons who witness the signing of this Will to act as attesting witnesses thereto and to execute the attestation clause and self-proving affidavit appended hereto.