Last Will and Testament Forms

   Ten Steps to Completing Your Last Will and Testament

1. Select the appropriate Last Will and Testament Form best suited to your circumstances from Legal Messenger archive.
2. Destroy all copies of old and prior wills you have previously executed. 
3. Enter your information and delete any remaining blank lines.
4. Provide at least nominal gifts to all your children.  If you leave nothing for them, a judge could determine at a later date that you forgot to do so, should one of them challenge your Will. Even a gift of $1 to the child you "omit" will suffice.  It is not recommended that you leave a nominal gift to your spouse using this will. In general, states require that the surviving spouse receive one-third to one-half of the deceased spouse's estate. If you wish to leave less than half of your estate to your spouse, consult with an attorney.
5. Review and correct errors.  Review your answers carefully and ensure they clearly and accurately reflect your intent.
6. Choose appropriate witnesses.  All states require two witnesses, with the exception of Vermont. However, it is strongly recommended that you have three witnesses sign your Will in the event a witness dies or moves to another state. Your spouse or children should not serve as witnesses. Your witnesses must be at least 18 years of age and should not be a beneficiary to your Will.
7. Choose an appropriate executor and alternate executor.  Ideally, these individuals should reside in the same state. Otherwise, it would be costly for your executor to travel back-and-forth to manage your estate. Some states require that out-of-state executors post a cash bond, even if you have waived this requirement in your will.
8. Consider if a notary and Self-Proving Affidavit are best for you.  Notarizing your Will is unnecessary, unless you choose to complete a Self-Proving Affidavit simultaneous with the signing of your Will. It is strongly recommended that you complete the Self-Proving Affidavit, unless you live in the District of Columbia, Maryland, Ohio, or Vermont, where they are not permitted. (In California, all wills are considered "self-proved" once they are properly signed and executed by the testator and all witnesses. In Louisiana, signing your Will in the presence of the witnesses before a notary public is required.) A Self-Proving Affidavit will make it unnecessary for your witnesses to appear in court to affirm your Will’s validity after your death. The Affidavit can potentially save your beneficiaries and witnesses considerable inconvenience. It also gives your Will an extra layer of authentication that can help your beneficiaries avoid a long and costly probate process. (The Affidavit is found at the footer of all Wills from our site).
9. Sign a single copy of the will together with all witnesses and distribute unsigned copies Witnesses must be in your immediate presence and must observe your actual signing of the Will, and all the witnesses must observe the other witnesses signing the Will. You do not need to read your Will to them, and it is unnecessary for them to read it. However, they must clearly understand that the document is your Last Will and Testament. You must clearly explain to them that you intend the document to function as your Will upon your death. If your state permits a Self-Proving Affidavit, and if you elect to attach one to your Will (recommended), remember that the same witnesses who observed your signing the Will should also observe your signing the Self-Proving Affidavit. Have the notary present at the signing of your Will, and then sign the Will and the Self-Proving Affidavit at the same ceremony.  Remember, only prepare and complete one original Will.  You should not have more than one original or even photocopies of your signed Will.  Doing so can complicate matters if you wish to create a new will at a later time, as it may prove difficult to track down all copies of your old Will.  Instead, consider providing your beneficiaries, executor, and alternate executor each with an unsigned copy of you Will.
10. Store your will.  Store your Will in a safe place, and let your executor and alternate executor know where they can find and access your original Will upon your death.
     

    This online last will and testament template is printable and easy to download. It is available for all states, for example:  Florida, Colorado, Louisiana, California, North Carolina, Ohio, Arizona, Texas, Georgia, New Jersey, Minnesota, Oklahoma and Tennessee. Writing or making a last will can be exhausting and lawyers cost a lot of money. The sample software document kit you download is in a simple written format and will protect your savings.