Last Will & Testament
Learn what goes into a will by reviewing a sample, then use our fillable template to draft your own.
"A good person leaves an inheritance for their children's children." — Proverbs 13:22
Important: A will is a legally binding document. We strongly recommend having it reviewed by a qualified attorney. Find a Legal Professional
Will vs. Living Trust — Which Do You Need?
Many estate planners recommend having both. A living trust handles your primary assets, while a "pour-over will" catches anything not yet transferred into the trust.
Last Will & Testament
You Are Here- •Takes effect only after death
- •Goes through probate (court-supervised, can take months)
- •Becomes public record during probate
- •Can be contested in probate court
- •Can name guardians for minor children (a trust cannot)
- •Simpler and less expensive to create
- •Does not cover incapacity
Best for: Simpler estates, naming guardians, or as a safety net alongside a trust.
Revocable Living Trust
View Template →- •Takes effect immediately when created
- •Avoids probate entirely — faster, private transfer
- •Remains completely private — never public record
- •Much harder to contest — no public probate process
- •Revocable — change or cancel it anytime during your lifetime
- •Covers incapacity — successor trustee manages your assets
- •Must transfer assets into the trust ("funding")
Best for: Real estate, larger estates, privacy, avoiding probate, and incapacity planning.
Not sure which you need? Ask a professional advisor — they can help you determine the best strategy for your situation.
Important Legal Disclaimer
This template is provided by Heritage Rescue for educational and informational purposes only. It is not a substitute for professional legal advice. Laws governing wills vary by state and jurisdiction. A will that does not comply with your state's specific requirements may be invalid or unenforceable. We strongly recommend consulting a qualified attorney licensed in your state before creating, signing, or relying on any legal document. Heritage Rescue assumes no liability for the use of this template.
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IMPORTANT LEGAL DISCLAIMER
This template is provided by Heritage Rescue for educational and informational purposes only. It is NOT a substitute for professional legal advice. Laws governing wills vary by state and jurisdiction. A will that does not comply with your state's specific requirements may be invalid or unenforceable. We strongly recommend consulting a qualified attorney licensed in your state before creating, signing, or relying on any legal document. Heritage Rescue assumes no liability for the use of this template.
Reviewing a sample will with example data highlighted in yellow.
Last Will and Testament
of Margaret Anne Thompson
Article I — Declaration
I, Margaret Anne Thompson, a resident of Maricopa County, State of Arizona, being of sound mind and memory, do hereby declare this to be my Last Will and Testament. I hereby revoke all previous wills and codicils made by me.
Article II — Family Information
I am currently widowed. My late spouse's name was Robert James Thompson.
I have the following children:
- David Michael Thompson, born March 15, 1972
- Susan Marie Thompson-Clark, born July 22, 1975
- James Robert Thompson, born November 3, 1980
Article III — Payment of Debts and Expenses
I direct my Executor to pay all my legally enforceable debts, funeral expenses, and costs of administration of my estate as soon as practicable after my death.
Article IV — Specific Bequests
I make the following specific gifts:
- I give my grandmother's diamond ring and jewelry collection to Susan Marie Thompson-Clark.
- I give $10,000 (ten thousand dollars) to First Baptist Church of Phoenix, AZ.
- I give my 1965 Ford Mustang to James Robert Thompson.
Article V — Residuary Estate
I give all the rest, residue, and remainder of my estate, both real and personal, of whatever kind and wherever situated, to be divided equally among my three children: David Michael Thompson, Susan Marie Thompson-Clark, and James Robert Thompson, in equal shares of one-third (1/3) each.
If any of the above-named beneficiaries shall predecease me, that beneficiary's share shall pass to their surviving children (my grandchildren), in equal shares per stirpes.
Article VI — Appointment of Executor
I appoint David Michael Thompson as the Executor of this Will. If David Michael Thompson is unable or unwilling to serve, I appoint Susan Marie Thompson-Clark as alternate Executor.
I direct that my Executor shall serve without bond. My Executor shall have full power and authority to sell, lease, mortgage, or otherwise dispose of any property of my estate as they deem necessary for the proper administration of my estate.
Article VII — Guardian of Minor Children
(This article applies only if you have minor children.)
In the example of Margaret, all children are adults, so this section would state: "All of my children have reached the age of majority. No guardian appointment is necessary."
Article VIII — General Provisions
- Simultaneous Death: If any beneficiary and I die simultaneously or under circumstances where it cannot be determined who died first, that beneficiary shall be deemed to have predeceased me.
- Severability: If any provision of this Will is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Governing Law: This Will shall be governed by the laws of the State of Arizona.
Signature
IN WITNESS WHEREOF, I have signed this, my Last Will and Testament, on this 15th day of January, 2026.
Margaret Anne Thompson, Testator
Witness Attestation
We, the undersigned, declare that the person who signed this Will, or asked another to sign for them, did so in our presence, and that we believe the Testator to be of sound mind and memory. We are not beneficiaries of this Will. Each of us is over 18 years of age and a competent witness.
Witness 1
Signature
Printed Name
Address
Date
Witness 2
Signature
Printed Name
Address
Date
Self-Proving Affidavit (optional, recommended)
State of _____________ , County of _____________
Before me, the undersigned authority, on this _____ day of _____________, 20_____, personally appeared the Testator and the witnesses, known to me to be the Testator and the witnesses whose names are signed to the foregoing instrument.
Notary Public
My Commission Expires
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Understanding Your Will
Executor
The person you trust to carry out the instructions in your will. Choose someone responsible and willing to serve.
Bequests
Specific gifts of property, money, or items to named individuals or organizations. Be as clear and detailed as possible.
Residuary Estate
Everything left after debts are paid and specific bequests are distributed. This is your "catch-all" provision.
Witnesses
Most states require 2 witnesses who are not beneficiaries. They watch you sign and then sign themselves.
Guardian
If you have minor children, naming a guardian is one of the most important decisions in your will.
Self-Proving
A notarized affidavit that speeds up probate by eliminating the need for witnesses to testify in court.
Need Help With Your Estate Planning?
A Last Will and Testament is one of the most important legal documents you can have. Our network of trusted legal professionals can help you ensure it's properly executed and meets your state's requirements.