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Family

Last Will and Testament

A simple last will. Names who inherits, who handles your estate, and (if you have minor children) who their guardian would be. Sign in front of two adult witnesses; some states also require a notary.

1 documentsAbout 20 minutes9 questions to answer
What's in the pack
Last Will and Testament
Will, 2 pages
01
Pike doesn't sign for you.These documents are drafted from the facts you provide. You read them, you sign them, you send them. Pike never claims to be your lawyer.
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A will is the cheapest, most-procrastinated document in adult life. It exists for one reason: so that the people you love don't have to fight a state-default rulebook in the worst week of their year.

Who this pack is for

You're an adult with assets, dependents, or both, and you want to choose who inherits, who handles your estate, and — if you have minor children — who would raise them. Your situation is straightforward: a relatively self-evident estate (house or none, retirement accounts, savings, personal property), a primary beneficiary you trust, and no live family disputes. You're not setting up a trust to avoid probate, you're not planning around estate tax (the federal exemption is $13.61M as of 2024 — that's not most people's problem), and you're not disinheriting someone in a way that's likely to be challenged.

When to use it

Now. The single most common 'when to do this' answer is: before you have to. Wills are filed away, not used until you're gone, and the people who need them most are people who haven't had the conversation yet. Specific triggers: you just had a child or are about to; you bought a house; you got married, divorced, or remarried; a primary beneficiary in your last will died; you moved between states (state law on witnessing differs and your old will may be valid but not optimal); you're going on a long trip or having surgery. None of these require a new will, but each is a reasonable time to make sure the one you have still reflects what you want.

What it doesn't cover

This is a simple will, not an estate plan. It does not avoid probate — your estate still goes through your state's probate court. It does not cover assets that pass by beneficiary designation: retirement accounts, life insurance, transfer-on-death bank or brokerage accounts, joint-with-survivorship property. Those go to the named beneficiary regardless of what your will says, so update those separately. It does not handle complex situations: blended families with potential conflict, special-needs beneficiaries (use a special-needs trust), business interests with co-owners, real estate in multiple states, or disinheritance of a spouse (which is restricted by 'elective share' rules in most states). For estates over $1M or any of the situations above, talk to a probate attorney — Pike's draft is a starting point, not a substitute.

State-specific notes

Rules vary by jurisdiction. Below are notes for the states where last will and testament runs into the most variance. If your state isn't listed, default to your state's tenant-rights handbook or local legal aid.

Louisiana (LA)
Louisiana is the one state that requires a notary public for a will, in addition to two witnesses. The state follows civil-law (not common-law) procedure inherited from the Napoleonic Code, and a will not signed before a notary may be invalid. Have a Louisiana attorney prepare or at least notarize your will.
California (CA)
California requires two adult witnesses present at the same time, who watch you sign and sign in your presence (Cal. Prob. Code § 6110). Notarization is not required. California also recognizes a 'holographic will' (handwritten, signed, dated) without witnesses, but using one introduces avoidable risk; use the witnessed form in the pack.
New York (NY)
New York requires two witnesses who watch you sign, plus a self-proving affidavit signed before a notary if you want to skip the witnesses being summoned to probate court (NY EPTL § 3-2.1). The pack includes language for the self-proving affidavit; have a notary present at signing if at all possible.
Texas (TX)
Texas requires two adult credible witnesses (Tex. Est. Code § 251.051). Texas does recognize a holographic will if it's wholly in your handwriting and signed by you — useful as a stopgap but not as your primary instrument. Self-proving affidavit recommended; without it, witnesses must testify in probate court.
Florida (FL)
Florida requires two witnesses who sign in the presence of you and each other (Fla. Stat. § 732.502). Florida does NOT recognize handwritten wills made in Florida; if you handwrite a will here, it has to be witnessed like a typed one. Self-proving affidavit before a notary is strongly recommended.
Pennsylvania (PA)
Pennsylvania notably does not require witnesses at signing for a typed will (20 Pa. C.S. § 2502), although witnesses are still required at probate to attest to the signature. As a practical matter, sign with witnesses anyway — it's free insurance against a contested probate.

Common questions

Do I need to notarize my will?
Most states do not require notarization for the will itself to be valid — they require witnesses. But many states allow a 'self-proving affidavit' signed before a notary, which lets the will be admitted to probate without the witnesses having to appear in court years later. It's free or cheap, takes 5 minutes, and saves your executor a real headache. Worth it.
Can my spouse or my heirs be witnesses?
No — and this is the most common defect in DIY wills. Witnesses cannot be beneficiaries under the will, and in many states cannot be the spouse of a beneficiary. Use two adults who do not stand to inherit anything: a neighbor, coworker, friend's partner, the notary's office staff. If a beneficiary witnessed your will, in most states their gift is voided ('purged') even though the rest of the will may still stand.
What about my retirement account, life insurance, and joint bank accounts?
Those are non-probate assets. They pass directly to whoever is named on the beneficiary form (for retirement and life insurance) or to the surviving joint owner (for joint accounts). Your will has no effect on them. After you sign your will, do a sweep: pull up every retirement and life insurance account, confirm the beneficiary on file, and update it. A divorce or remarriage that hasn't been mirrored on those forms is the most common probate disaster in this category.
What happens if I die without a will?
You die 'intestate,' and your state's intestacy statute decides who gets what. The default usually splits assets between spouse and children in some specific proportion — not always the proportion you'd choose, especially in a second marriage. Without a will, you also don't get to name a guardian for minor children or an executor; the court picks both, and family disagreements about either can run for years.
How do I update or revoke this will later?
Two options: a 'codicil' (a short amendment, witnessed the same way as the original will) or a brand-new will that explicitly revokes all prior wills. The pack drafts the second option. Date the new will, sign with two witnesses, and physically destroy the old one if you can. If you only update part of the document, codicils are valid but riskier; courts have to read both documents together, which can produce ambiguity. New will is cleaner.
Where should I store my will?
Somewhere your executor can find it without a court order. Options: a fireproof box at home (best if executor knows the location and combination), with your attorney, or with the probate court if your state allows pre-death deposit (some do, often for a small fee). A safe deposit box is risky — depending on state law, the bank may seal the box on death, requiring a court order to open. Tell at least one trusted person where the will is.
Should I name an alternate executor?
Yes. Executors die, become incapacitated, or simply decline to serve. If your primary executor can't act and no alternate is named, the court appoints a public administrator — often a stranger to your family who charges fees against the estate. Naming an alternate costs nothing and prevents that.

Pike provides plain-language legal information, not legal advice. State and local rules change. If money, custody, or your housing is on the line, talk to a licensed attorney or your local legal aid office.