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Last will and testament

A last will and testament is the document that says who receives your property, who settles your estate and, if you have minor children, who raises them. It takes effect only at death, and it has to be signed with the witnesses your state requires. A will is not a living will, and it does not decide anything about medical care.

This template covers the clauses a straightforward estate usually needs: who you are, what earlier wills you revoke, specific gifts, the residue, an executor, a guardian for minor children, and a no-contest clause if you want one. It also prints the witness rule for your state with a citation to the state wills act.

Written by Nora Whitfield, editorial lead. State rules checked by Samuel Okafor, rules editor, on October 20, 2026.

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Filled sample, Texas

Last will and testament

STATE OF TEXAS

I, Harold J. Bennett, of 418 Cedar Lane, Austin, TX 78704, declare this document to be my last will and testament. I am at least 18 years old, I am of sound mind, and I am signing this will freely and without pressure from anyone. I sign it on October 20, 2026. This will is governed by the laws of the State of Texas.

1. Revocation of earlier wills

I revoke every will, codicil and other testamentary document that I signed before this one. If an older will or a copy of one is found after my death, it is revoked and should not be probated. I intend this document to be my only will.

2. My children

My children are Clara J. Bennett, born 2014. Daniel R. Bennett, born 2017. This list is for identification and does not limit the share of any child born to me or adopted by me after this will is signed, unless I have provided for that child in a later document.

3. Specific gifts

I give the following property to the people or organizations named: My 2015 Ford F-150 to my nephew, Thomas Bennett. My grandmother's wedding ring to my daughter, Clara Bennett. My collection of Texas history books to the Austin Public Library.

If I do not own an item at my death, the gift lapses and the item does not pass to another beneficiary unless I have said so in this will. My executor may sell property that cannot be divided among the beneficiaries without a loss.

4. Residue of my estate

I give all the rest of my property, of every kind and wherever located, including any property I acquire after this will is signed, to My daughter, Clara J. Bennett, and my son, Daniel R. Bennett, in equal shares.

If that beneficiary does not survive me, the share passes to the surviving beneficiaries named in the residuary gift, in the same shares, and otherwise to my heirs under the law of the State of Texas.

5. Executor

I appoint Denise M. Bennett, of 88 Willow Court, Austin, TX 78745, as executor of this will. My executor may serve without a bond if Texas law allows it. My executor will pay my legally enforceable debts, funeral expenses, taxes and the costs of administering the estate, and will distribute the rest as this will directs.

6. Backup executor

If Denise M. Bennett cannot or will not serve, I appoint Robert A. Bennett as executor, with the same powers and duties described in this will.

7. Powers of the executor

My executor may sell, lease, mortgage or divide real and personal property without a court order when the sale is in the interest of the estate. My executor may continue a business for a reasonable time, compromise a claim, hold property for distribution, and hire an accountant, an appraiser or an attorney. These powers are in addition to the powers the law gives an executor in Texas.

8. Guardian for minor children

If a guardian is needed for a child of mine who is under 18, I appoint Margaret L. Chen, of 75 Birch Road, Austin, TX 78704, as guardian of the person of that child. If that person cannot or will not serve, my executor may ask the court to appoint a suitable person. This nomination is subject to the court's approval and to the law of the State of Texas.

9. No-contest clause

If a beneficiary challenges this will, contests the appointment of my executor, or tries to set aside a gift in this will, and the challenge does not succeed, that beneficiary forfeits the gift made to that beneficiary in this will. This clause applies only to the extent the law of the State of Texas allows it, and it does not apply to a challenge brought in good faith with probable cause.

10. Burial and memorial wishes

My wishes for burial, cremation or a memorial are: I want to be cremated and buried beside my parents at Cedar Hill Cemetery in Bastrop County. Please ask the Reverend Alice Ward to lead the service. If I have not left instructions, my executor may make reasonable arrangements and pay the cost as an administration expense. I ask my family to follow these wishes where it is practical to do so.

11. Debts, taxes and expenses

My executor will pay my legally enforceable debts, funeral expenses and the costs of administering my estate from the residue. A beneficiary is not personally liable for a debt of the estate merely because of a gift in this will. If the estate is not large enough to pay every debt and every gift, my executor will pay the debts first and reduce the gifts in the order the law of Texas requires.

12. Attestation of witnesses

On the date shown above, the testator, Harold J. Bennett, signed this will in our presence and declared it to be the testator's last will and testament. We are adults. We sign below as witnesses in the presence of the testator and of each other. To the best of our knowledge, the testator is of sound mind and is not acting under duress.

13. Governing law and severability

This will is governed by the law of the State of Texas. If a court finds that a clause is not enforceable, the rest of the will remains in effect. A photocopy of this signed will may be used to prove its contents if the original cannot be found, to the extent Texas law allows.

Testator

Testator

Signature

Printed name: Harold J. Bennett

Date

Witness 1 signature

Witness 1 printed name

Witness 2 signature

Witness 2 printed name

Signing requirements: Texas: A notary is not required for the will itself. 2 witnesses are required.

Source: Tex. Est. Code § 251.051.

Generated from a PaperDeed template. PaperDeed is not a law firm and this is not legal advice. Template review date: October 20, 2026.

Example answers, not advice. The builder replaces them with yours.

Full sample below

Use this form when

  • Leaving a house, a bank account or personal property to named people.
  • Naming an executor who will collect the estate, pay debts and file the probate papers.
  • Naming a guardian for a child under 18.
  • Making a specific gift of a vehicle, a piece of jewelry or a family item.
  • Replacing an older will after a marriage, a divorce, a birth or a move to another state.

Have this ready

  • Your full legal name and the address you want printed on the document.
  • The names and addresses of the executor and a backup executor.
  • The people or organizations you want to receive specific items, described clearly enough to identify.
  • The name of the person who should receive everything that is left after specific gifts and debts.
  • The guardian you would choose for a minor child, and a backup if you have one.
  • Two adult witnesses who meet your state's rules, and the state where you live.

Build the last will and testament

The preview updates as you type. Your work is saved automatically.

This changes the signing block and the rule citations.

Step 1 of 3

About you

Use the name that appears on your property records and accounts. A nickname can make a will harder to match to the estate.

Download this last will and testament

PDF for printing and signing. DOCX so you can edit it in Word or Google Docs. This form is included for every state.

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What the form includes

Declaration and revocation

Your name, your sound mind statement, the date and a clean revocation of earlier wills.

Family and specific gifts

A place to name children, and a clause for particular items given to particular people.

Residuary clause

The person or organization that receives everything not given by a specific gift.

Executor and powers

Your executor, a backup, and the authority to sell property, pay debts and close the estate.

Guardian for minors

A guardian clause that appears only when you say you have a child under 18.

No-contest clause

An optional clause that reduces a gift if a beneficiary challenges the will, where state law allows it.

Attestation and signatures

The testator signature, the witness attestation and lines for the number of witnesses your state requires.

After you sign

Sign with witnesses, not alone

Most states require two witnesses to see you sign, and some require them to sign in your presence. Do not sign at home and collect signatures later. The builder adds the number of witness lines your state requires and prints the citation beside them.

Tell the executor where the original is

A will in a safe deposit box that nobody can open is a problem. Tell your executor where the signed original is kept, and give your executor a copy. Some states allow or require the original to be filed with the probate court during life; check your county's practice.

Review after a life change

Marriage, divorce, the birth of a child, a death in the family, a move to another state or a large change in assets are all reasons to read the will again. Sign a new one and revoke the old one rather than writing on the margins.

Coordinate the beneficiaries

A retirement account or a life insurance policy passes by beneficiary designation, not by your will. Check those forms too. Property held in joint tenancy or in a living trust also passes outside the will, so make sure the whole plan agrees.

Signing rules for this form

The builder shows the rule for every state and adds the right signature block. These state guides go deeper on the four biggest searches.

TXNo notary2 witnessesRules cited

Texas: A notary is not required for the will itself. 2 witnesses are required.

Tex. Est. Code § 251.051 (opens the official source in a new tab)

Detailed state guides are not published for this form yet. The builder still applies the signing rule for all 50 states and DC, with a citation to the statute or state form for each one.

Rules reviewed October 20, 2026. Every rule names its statute or state form, and the citation links to the official text where the state publishes it online.

Last will vs living will

The names look alike, and the documents could not be more different. A last will and testament is read after you die. It names who receives your property and who settles the estate. A living will is read while you are alive, usually when you are terminally ill or permanently unconscious, and it states which medical treatment you want.

A last will has no effect on medical care. A living will has no effect on property. A hospital will not use your last will to decide whether to continue treatment, and a probate court will not use your living will to distribute a house. If you want both decisions covered, sign both documents and give copies to the people who will need them.

The signing rules are different too. A last will usually needs two witnesses who watch you sign. A living will usually needs two witnesses as well, but some states accept a notary instead, and a few require a notary as well as witnesses. The builder shows the rule for each document separately, which is why the witness lines are not interchangeable.

  • Last will: property, executor, guardian and probate, effective at death.
  • Living will: medical treatment wishes, effective while you are alive and unable to speak.
  • Medical power of attorney: names the person who makes health care decisions.
  • Living trust: holds property during life and can avoid probate for what it owns.

A will and a living will are often signed in the same month. Keep the signed originals in different files so the person handling the estate and the person handling your care each know where to look.

Will, trust or beneficiary forms

A will is the backstop for everything you own that does not pass another way. A living trust can hold a house or an investment account and move it to your beneficiaries without probate, but the trust only works if the property is actually transferred into it. A retirement account or life insurance policy passes by the beneficiary form on file with the company, whatever your will says.

The practical approach is to list what you own and ask how each item will pass. Name beneficiaries on accounts, put the house in a trust if probate avoidance matters, and sign a will for the property that is left. A will can also name the executor and the guardian, which a trust does not do by itself.

Questions people ask

Does a last will and testament need to be notarized?

In most states a will needs witnesses and no notary. Some states allow a self-proving affidavit, which is a notarized statement signed at the same time that lets the court accept the will without calling the witnesses later. The builder adds the witness lines your state requires and notes when a notary is part of the rule.

How many witnesses does a will need?

Most states require two adult witnesses. A few have special rules for a handwritten will or a will signed by someone else at your direction. The signing rule for your state is printed on the page and inside the document, with the citation to the state wills act.

Can I write my own will without a lawyer?

Many people do, and a clear will signed with the right witnesses is usually better than no will. A lawyer is worth the cost when there is a business, a blended family, a disabled beneficiary, property in more than one state or a family member likely to contest the estate.

Does a will avoid probate?

No. A will is filed in the probate court, and the court supervises the executor. A living trust or beneficiary designations can move some property outside probate, but they do not replace a will for everything else. The two can work together.

What happens if I die without a will?

State intestacy law decides who receives your property, and the court appoints someone to administer the estate. The result may not match your wishes, and a partner who is not a spouse usually receives nothing. A will lets you choose.

Can I disinherit a spouse or a child?

It depends on the state. A spouse usually has an elective share or a community property right that a will cannot take away. Most states give a child less protection than a spouse, but a court can still review a will that leaves a dependent child without support. Ask a local attorney before relying on a disinheritance clause.

What is a no-contest clause?

It says that a beneficiary who challenges the will and loses gives up the gift. Courts enforce these clauses in some states and refuse to enforce them in others, especially when the challenger has probable cause. The clause here is written to apply only to the extent your state allows.

Is a last will the same as a living will?

No. A last will distributes property after death. A living will records medical wishes while you are alive and cannot speak. They are separate documents with separate signing rules, and most people who want both should sign both.

Does a will from another state still work?

Usually a will signed under another state's law is accepted, but the witness rule and the probate process differ. If you move, make a new will in the new state and revoke the old one. Keep the old one with the new one until the new one is signed.

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Before you use this document

PaperDeed is not a law firm and does not provide legal advice. We provide self-help templates and general information about signing rules. If you are unsure whether a document fits your situation, talk to a licensed attorney in your state.

Every signing rule above names its statute or state form, and links to the official text where the state publishes it online. Rules updated October 20, 2026.

PaperDeed is a self-help service. Templates and state rules were reviewed on October 20, 2026. 5 background guides are available if you want the explanation behind the form.