Put the people before the paperwork

Wills & estate planning

Start with the people who depend on you, then the decisions and documents. A prepaid lawyer may help with advice, preparation, and updates.

Provider descriptions and selected will rules for 50 states checked October 11, 2026. Individual rechecks are dated with the affected source or offer. General information, not individual legal advice. Who publishes this research.

More in this guide

A prepaid plan is a way to get help, not a finished estate plan

What the benefit can do. What it cannot do for you.

A useful starting point

  • Someone to ask. A covered consultation can help you decide what needs attention before choosing documents.
  • Attorney-prepared basics. Some plans include a will, financial power of attorney, and healthcare documents.
  • Help with choices. Ask a lawyer about decision-makers, backups, children, and conflicting instructions.
  • A route back. Some benefits include reviews or updates when life changes.

The gaps worth checking

  • Not every trust is covered. Simple wills, living trusts, and specialized planning are different services.
  • Drafting is not completion. Signing, witness arrangements, account changes, and trust funding may be your responsibility or extra work.
  • Not every person or problem is covered. Check eligible relatives, conflicts, existing matters, and business or tax exclusions.
  • After death is another engagement. Probate, trust administration, disputes, and expenses are not automatically included.

Benefits vary by contract, state, network, and plan version. Get the written scope before relying on a benefit. Already covered through work? Use your existing benefit before buying another package. Provider comparison and enrollment checklist.

The question that reveals the most

“At the end of this service, what will be finished, and what will still be mine to do?” A low-cost document can leave your family with unresolved work. Compare advice, drafting, signing guidance, asset coordination, and later updates as separate parts of the same job.

Three decisions before you pick a package

01

Who depends on me?

Include children, a partner, a parent, or someone you care for. Think about everyday care and access to money, not only an inheritance amount.

What would be hardest for them in the first month without me?

02

Who could act for me?

Choose dependable people for money, healthcare, and later estate administration. One person need not do every job. Ask each person, and name backups.

Who can handle the responsibility, not just who is closest to me?

03

Who receives or manages what I leave?

Decide whether a person should receive property outright or have someone manage it. Include meaningful belongings and charitable wishes.

Would an immediate gift help, or create a problem?

Then make a private inventory: assets, debts, account ownership, beneficiary forms, insurance, and documents you already have. Schwab's estate-planning resources and asset inventory worksheet offer a starting point. An inventory is preparation, not a substitute for legal review.

Related news: Why a digital estate organizer is not an estate plan.

Equal shares, fairness, and the wishes a form cannot explain

Equal shares may feel fair to you but not to someone who has provided years of care. A sentimental item can cause more conflict than its dollar value suggests. Write down the outcome you want and the likely disagreement; ask the lawyer how to express it clearly and lawfully.

A personal letter can explain values and wishes, but do not rely on it to change a will, beneficiary form, or legally binding instructions.

Recognize the decision behind the document

What does this look like in real life?

These are illustrative situations, not predictions about your family or a recommendation to use one legal tool.

Young or single: “I do not own much. Do I need this?”

The real problem: If you are temporarily unable to manage your affairs, a small bank balance does not make the rent, insurance, or medical decisions disappear.

The useful conversation: Ask about a financial agent, a healthcare decision-maker, and the people who should receive your savings and belongings. A will addresses death; it does not authorize someone to manage your money while you are alive.

Ask a prepaid lawyer: “Which basic documents cover an illness as well as my death, and who can use them?”

CFPB: financial powers of attorney · NIH: healthcare directives

Children: “My sister would raise them. Who manages the money?”

The real problem: Caring for a child and administering an inheritance are different responsibilities. Naming a preferred guardian does not make that person the automatic court-appointed guardian.

The useful conversation: Discuss a guardian nomination, a backup, and how money should be managed for education, health, and living expenses. Do not assume naming a minor directly on an insurance policy resolves money management.

Ask a prepaid lawyer: “Does the covered will include a trust for children, or would that require another benefit? Who manages funds, and when does the child receive control?”

ABA: wills, guardians, and non-probate assets

Blended family or unmarried partner: “Everyone knows what I want.”

The real problem: Assumptions about a partner, stepchild, or children from an earlier relationship may not match default inheritance law. A promise to “leave it to the children later” is not the same as a documented arrangement.

The useful conversation: Bring existing wills, beneficiary forms, marriage or divorce agreements, and property titles. Discuss support for a survivor alongside any intended inheritance for others. Ask about legal spousal rights before attempting to exclude anyone.

Ask a prepaid lawyer: “Can your covered service address these competing goals, or do I need a tailored trust and separate advice for a conflict?”

ABA: default inheritance and spouse protections

A beneficiary receives benefits: “I want to help, not disrupt their support.”

The real problem: An outright gift or the wrong trust arrangement can affect means-tested benefits. “Special needs trust” is not a label that automatically solves eligibility.

The useful conversation: Identify the actual benefit programs and the source of the money. Ask a specialist to review the structure and ongoing administration before making transfers.

Ask a prepaid lawyer: “Does my plan cover this specialized work or only the initial advice? Can you refer me to someone with benefits-planning experience?”

SSA: trusts and SSI resource rules

Older or caregiving: “I want help without handing over everything.”

The real problem: A helpful relative needs appropriate authority, and broad financial authority can also create an abuse risk. A trusted contact is not the same role as a financial agent.

The useful conversation: Discuss who can pay bills, what authority starts when, safeguards, backups, and bank acceptance. Talk with your healthcare decision-maker about your values, not just a checkbox about treatment.

Ask a prepaid lawyer: “Can we limit authority and arrange practical acceptance? Is long-term-care or public-benefits planning outside this benefit?”

CFPB: planning for diminished capacity

Business, property elsewhere, or a recent move: “Will the standard package work?”

The real problem: Someone may need to operate a business, access records, or deal with property in another state. A personal will service may not include business succession or multi-state advice.

The useful conversation: Bring ownership records, agreements, debt guarantees, and property locations. Ask which lawyers and jurisdictions need to be involved; do not transfer ownership just to simplify paperwork.

Ask a prepaid lawyer: “What falls within the personal benefit, and can I get a separate written quote for the rest?” Compare researched will-signing rules.

Other decisions: debts, taxes, digital life, charities, and final wishes
  • Debts and liquidity: List co-signed loans, guarantees, and obligations. Ask how expenses could be paid without assuming every debt disappears or relatives automatically owe it.
  • Taxes and gifts: Ask whether state or federal estate, inheritance, gift, or income-tax rules need a specialist. Do not give away property or change retirement beneficiaries solely to avoid paperwork.
  • Digital property: Inventory domains, creative work, online income, devices, and digital assets. Keep passwords and recovery instructions separate from a will; ask about lawful access and provider procedures.
  • Charities and belongings: Identify the recipient and your intended gift clearly. Discuss what happens if an item is sold, an organization changes, or insufficient assets remain.
  • Funeral and care wishes: Share time-sensitive instructions with the appropriate people now; do not assume someone will read your will before they need to act.

These are appointment prompts. Their legal effects, tax treatment, and appropriate documents require individual review.

One plan. Several different jobs.

Will
Directs probate property and names an executor; it can nominate a guardian. It does not automatically control assets that pass by beneficiary designation or survivorship. ABA will explanation.
Financial power of attorney
Gives an agent specified authority during your lifetime. Discuss durability, when it starts, limits, and safeguards. It is not the same job as being your executor. CFPB explanation.
Healthcare documents
Name a decision-maker and record care preferences under local rules. A living will concerns healthcare, not distribution of your estate. NIH advance-care guide.
Trust and funding
Ask what specific problem a trust solves and what assets must be coordinated with it. A signed but unfunded trust may leave intended property outside the arrangement. A trust is not automatically a tax-saving or creditor-protection device. ABA revocable-trust guide.
Ownership and beneficiary forms
Review retirement accounts, insurance, payable-on-death accounts, and jointly owned property alongside your documents. Confirm current and backup beneficiaries with each institution. Schwab: account titling and beneficiaries.

A finished will can still leave an unfinished plan

Imagine that your will names your children, but an insurance beneficiary form still names someone else. The documents point in different directions. The practical task is to reconcile ownership and beneficiary instructions with your wishes, not assume the newest will updates every account.

Will, trust, or both?

A trust is worth discussing when you need continuing management, incapacity planning for trust assets, or a strategy for property transfers. It also brings setup and administration work. Ask which problem it solves for you, how it will be funded, and whether a will is still needed for property outside it.

“Avoid probate” is not a guarantee for all assets, and it does not mean avoid every tax, expense, or administrative obligation. ABA: revocable trusts and their limits.

State differences that change the next step

Compare wills and inheritance defaults

50 researched states: paper-will signing, handwritten alternatives, and selected spouse-and-descendant inheritance rules. California inheritance shares are not quantified. This is not complete estate law, electronic or remote execution, taxes, probate costs, or a ruling on an old will after a move.

Intestate means property passes without an effective will. The inheritance row concerns that estate, not everything a family owns. Beneficiary designations, survivorship, trusts, spouse protections, debts, and family-status exceptions need separate review. All 50 states are included for these selected topics; use the local legal-help guides for local help.

California compared with Texas: signing, handwritten alternatives, and selected inheritance defaults.

Signing an ordinary paper will

California

At least two witnesses, present together.

They witness your signature or acknowledgment and understand it is your will. Follow the signing ceremony, not just a signature count.

Probate Code 6110

Texas

Two or more credible witnesses, age 14 or older.

For an ordinary attested will, witnesses sign in your presence. The will must be written and signed under the statutory rules.

Estates Code 251.051

Handwritten without ordinary witnesses

California

A qualifying holographic will is possible.

The signature and material provisions must be in your handwriting. An undated document can create additional validity problems.

Probate Code 6111

Texas

A wholly handwritten will can omit witnesses.

It must be wholly in your handwriting and signed. This exception is not permission to leave a typed online form unwitnessed.

Estates Code 251.052

No will: a spouse and descendants survive

California

Family relationships determine default heirs; shares are not quantified here.

California Courts identifies spouses and children as possible heirs. Ask a California lawyer how property classification and surviving family affect your actual shares; this is not a California inheritance calculation.

California Courts: intestate estates

Texas

Community-property inheritance depends on whether descendants are shared.

The deceased spouse's community half goes to the survivor when all surviving descendants are also the survivor's. Otherwise it goes to the deceased's descendants. Separate personal property and land follow different rules; do not apply this split to every asset.

Estates Code 201.002-201.003

The question to take to a plan lawyer

California

Will the lawyer provide signing instructions and check that my beneficiary forms match the plan?

California resources

Texas

Does the drafting service include an appropriate self-proving procedure, and who arranges it?

Texas resources
Read all 50 state profiles and sources

Alabama

  • A written will needs the maker's signature and at least two witnesses.

    Each witness observes signing or acknowledgment of the signature or will. Directed signing by another person has separate presence requirements. Ask the plan lawyer for an execution appointment or clear ceremony instructions, not merely a download.

    Alabama Code 43-8-131
  • Handwriting does not ordinarily remove the two-witness requirement.

    An unwitnessed handwritten note is not the ordinary Alabama route. A will executed elsewhere can raise separate recognition rules; have a lawyer check rather than importing another state's exception.

    Alabama Code 43-8-131: ordinary execution
  • Shared descendants: first $50,000 plus half the balance; otherwise half.

    The initial amount applies when all the deceased's surviving descendants are also the spouse's. If any are not shared, the spouse instead receives half the intestate estate. Coordinate a blended family's wishes with ownership and beneficiary transfers.

    Alabama Code 43-8-41

Ask your plan lawyer: Will the included will benefit cover our blended-family provisions, beneficiary review, and proper signing, or does customization require a separate fee?

Alabama legal-help resources

Alaska

  • Ordinary written wills need a signature and two witnesses within a reasonable time.

    Witnesses observe the signing or receive the maker's acknowledgment of the signature. Ask the plan lawyer to arrange clear execution instructions and discuss a self-proving affidavit; receiving a draft is not the final step.

    Alaska Courts: will validity
  • A signed will with its main provisions in the maker's handwriting can be unwitnessed.

    The handwriting exception does not solve unclear gifts, missing alternatives, or incapacity planning. A covered attorney review may be more useful than relying on a handwritten note your family must interpret later.

    Alaska Courts: holographic wills
  • All-shared descendants can mean the spouse inherits all; blended families change the share.

    All requires shared descendants and no other surviving descendants of the spouse. If only the spouse has others: first $150,000 plus half the balance; if the deceased has nonshared descendants: first $100,000 plus half. Native ANCSA stock has separate rules involving the corporation; review it separately.

    Alaska Courts: inheritance without a will

Ask your plan lawyer: Does my plan include reviewing beneficiary accounts and any ANCSA stock-will arrangements alongside the will, and what execution assistance or specialized advice costs extra?

Alaska legal-help resources

Arizona

  • At least two witnesses for the ordinary paper-will route.

    Each signs within a reasonable time after witnessing your signing or acknowledgment of the signature or will. Downloading a document is not the signing ceremony.

    Arizona Revised Statutes 14-2502
  • Signature and material provisions in your handwriting can qualify.

    The holographic exception does not require witnesses. A signature on a typed form alone does not meet this handwriting rule.

    Arizona Revised Statutes 14-2503
  • Nonshared descendants change both separate and community-property inheritance.

    If all surviving descendants are also the spouse's, the spouse receives the intestate estate. Otherwise the spouse receives half the intestate separate property, but none of the deceased's community half. The survivor's own community half is not the deceased's estate.

    Arizona Revised Statutes 14-2102

Ask your plan lawyer: Will the included consultation check community-property ownership and children from earlier relationships before drafting a simple will?

Arizona legal-help resources

Arkansas

  • Ordinary wills require the maker's signature at the end and at least two attesting witnesses.

    The maker declares the document a will and signs or acknowledges in the witnesses' presence; they sign at the maker's request and in the maker's presence. Ask the drafting lawyer to arrange the full signing process, including any assisted-signing requirements.

    Arkansas Code 28-25-103 (official publisher), rechecked October 16, 2026
  • A wholly handwritten body and signature can qualify without signing witnesses, but later proof needs three credible disinterested handwriting witnesses.

    Those are witnesses to handwriting and signature, not people required to attend execution. A handwritten note can therefore leave a harder probate task; ask a plan lawyer whether a properly witnessed replacement is appropriate.

    Arkansas Code 28-25-104 (official publisher), rechecked October 16, 2026
  • With children, a spouse's rights include a one-third life interest in qualifying land, not outright ownership of the whole estate.

    Dower or curtesy, relinquished rights, deeds, homestead, and separate personal-property rules need individual review. Ask who can use, sell, or inherit the home rather than treating every asset as a single percentage calculation.

    Arkansas Code 28-11-301 (official publisher), rechecked October 16, 2026

Ask your plan lawyer: Will my plan lawyer arrange valid signing, review an existing handwritten will's proof problems, and explain spouse and children's rights in the home alongside deeds and beneficiary accounts?

Arkansas legal-help resources

California

  • At least two witnesses, present together.

    They witness your signature or acknowledgment and understand it is your will. Follow the signing ceremony, not just a signature count.

    Probate Code 6110
  • A qualifying holographic will is possible.

    The signature and material provisions must be in your handwriting. An undated document can create additional validity problems.

    Probate Code 6111
  • Family relationships determine default heirs; shares are not quantified here.

    California Courts identifies spouses and children as possible heirs. Ask a California lawyer how property classification and surviving family affect your actual shares; this is not a California inheritance calculation.

    California Courts: intestate estates

Ask your plan lawyer: Will the lawyer provide signing instructions and check that my beneficiary forms match the plan?

California legal-help resources

Colorado

  • Two witnesses or acknowledgment before an authorized notary.

    For a signed paper will, witnesses sign within a reasonable time after witnessing signing or acknowledgment. The alternative is your acknowledgment before a notary or other authorized officer; it is not merely adding a notary stamp later.

    2026 Colorado Revised Statutes 15-11-502
  • Signature and material portions in your handwriting can qualify.

    A qualifying holographic will does not need ordinary witnesses. This is separate from the witnessed or notarized route, and does not make a partly completed typed template automatically valid.

    Colorado Revised Statutes 15-11-502(2)
  • Shared-family cases can pass entirely to the spouse; other cases use an adjusted amount plus half.

    The spouse receives all when all the deceased's descendants are shared and the survivor has no other descendants. Otherwise the applicable initial amount depends on whose descendants are nonshared, followed by half the balance. The statutory dollar amounts are inflation-adjusted; verify the death-year amount rather than using the base figure.

    Colorado Revised Statutes 15-11-102

Ask your plan lawyer: Which signing route will the plan lawyer supervise, and does the benefit include coordination of titles and beneficiaries rather than only the will?

Colorado legal-help resources

Connecticut

  • A signed written will needs two witnesses signing in the maker's presence.

    A notary is not a replacement for the attesting witnesses. Ask your plan lawyer to explain the signing ceremony and who arranges suitable witnesses, rather than treating document delivery as completion.

    Connecticut General Statutes 45a-251
  • Handwriting alone does not excuse ordinary witnesses.

    The ordinary rule still applies to a handwritten will. Recognition of a will validly executed elsewhere is separate; ask for a move-related review rather than assuming another state's exception applies to a new Connecticut document.

    Connecticut General Statutes 45a-251: execution and foreign wills
  • Shared descendants: first $100,000 plus half the balance; nonshared descendants: half.

    The initial amount applies only when all the deceased's surviving descendants are also the spouse's. The share is calculated after the applicable support allowance, not across every family account. A blended family may need provisions beyond a basic template.

    Connecticut General Statutes 45a-437

Ask your plan lawyer: Will the covered lawyer coordinate our children's and spouse's interests with beneficiary accounts, and include execution guidance and updates, or charge separately for customized provisions?

Connecticut legal-help resources

Delaware

  • A written, signed will ordinarily needs two credible witnesses signing in the maker's presence.

    Ask for execution guidance, not just a download. A notary does not replace those witnesses. Review the current statutory exceptions with a lawyer if the maker cannot sign in the ordinary way.

    Delaware Code, Title 12, 202
  • Handwriting alone does not waive ordinary witnessing requirements.

    Do not mistake a handwritten gift list for a complete will. Ask the covered lawyer how to document personal wishes and whether customized provisions, revisions, and signing assistance are included.

    Delaware Code, Title 12, 202: execution
  • With descendants, the spouse's personal-property share differs from the real-estate life interest.

    All-shared descendants: first $50,000 plus half the remaining personal estate; nonshared descendants: half the personal estate. In both cases the spouse receives a life estate in intestate real estate, not outright ownership of it. Review housing and children's future interests together.

    Delaware Code, Title 12, 502

Ask your plan lawyer: Can my plan lawyer explain who would own the home after each spouse's death and coordinate the will with its title, rather than assuming the survivor receives the whole property?

Delaware legal-help resources

Florida

  • Two witnesses with mutual presence requirements.

    You sign at the end or acknowledge under the statute; witnesses sign in your presence and each other's presence.

    Florida Statutes 732.502
  • Handwriting alone does not remove the witness requirement.

    A handwritten will can qualify if properly executed. Florida's out-of-state recognition rule excludes holographic and oral wills; do not assume a move preserves every exception.

    Florida Statutes 732.502(2)
  • All or half to the spouse, depending on both spouses' descendants.

    The spouse receives the intestate estate if all the deceased's descendants are shared and the spouse has no other descendants. If either specified nonshared-descendant situation applies, the spouse receives half. Homestead and other protections require separate review.

    Florida Statutes 732.102-732.103

Ask your plan lawyer: After a move, will a Florida lawyer review my old will rather than assume its signing method still works?

Florida legal-help resources

Georgia

  • At least two witnesses sign in your presence.

    The will must be written and signed by you, or by someone acting at your direction in your presence. A notary for self-proving paperwork is not a substitute for the witnesses.

    University of Georgia Extension: Georgia will requirements
  • Handwriting does not waive Georgia's ordinary witness requirements.

    A handwritten will made under Georgia's rules still needs the required witnesses. Do not treat an unwitnessed note as the same thing as a properly executed will; ask separately about a will signed elsewhere.

    University of Georgia Extension: handwritten wills
  • Spouse shares with children, but receives at least one-third.

    The spouse and children share equally unless that would leave the spouse less than one-third. Descendants of a deceased child can take that child's share. This concerns the distributable intestate estate, not every jointly held account; minor heirs may require separate arrangements.

    Houston County Probate Court: distributions to heirs

Ask your plan lawyer: Can an included will address who manages a child's inheritance, and what would a trust or more customized drafting cost extra?

Georgia legal-help resources

Hawaii

  • An ordinary written will needs a signature and two witnesses signing within a reasonable time.

    Witnesses observe signing or receive acknowledgment of the signature or will. Ask the plan lawyer for a clear signing process and discuss how proof of proper execution will be kept with the document.

    Hawaii Revised Statutes 560:2-502
  • A signature and material portions in the maker's handwriting can qualify without witnesses.

    This alternative does not replace thoughtful drafting or account coordination. Ask whether covered review can address unclear gifts, substitute beneficiaries, and children who need someone to manage an inheritance.

    Hawaii Revised Statutes 560:2-502: holographic wills
  • All-shared descendants can mean all; blended families use different initial amounts plus half.

    All goes to the spouse or reciprocal beneficiary only if neither has other surviving descendants. If only the survivor has others: first $330,000 plus half the balance; if the deceased has nonshared descendants: first $220,000 plus half. These are intestate-estate rules, not all household wealth.

    Hawaii Revised Statutes 560:2-102

Ask your plan lawyer: Will my plan lawyer coordinate spouse or reciprocal-beneficiary rights, children's provisions, and account beneficiaries, and identify any trust or specialized drafting that is separately charged?

Hawaii legal-help resources

Idaho

  • An ordinary written will requires a signature and two witnesses who observed signing or acknowledgment.

    Ask your drafting lawyer to distinguish the witness ceremony from notarization or self-proof. Special execution and recognition routes are not evaluated in this ordinary paper-will comparison.

    Idaho Code 15-2-502
  • A handwritten signature and material provisions can qualify without witnesses.

    A typed document with only a handwritten signature is not the same route. Ask a lawyer to review an existing note's wording and intended gifts rather than relying on its appearance.

    Idaho Code 15-2-503
  • With descendants, the spouse generally inherits half of separate intestate property and the decedent's half of community property.

    The survivor's existing ownership is separate from inheritance. Bring account ownership, property records, and beneficiary forms to a consultation before comparing this default with your wishes.

    Idaho Code 15-2-102(a)(3), (b)(1)

Ask your plan lawyer: Will my plan lawyer check community and separate ownership with beneficiary forms and the will, explain signing, and quote any customized family or trust work beyond the basic benefit?

Idaho legal-help resources

Illinois

  • Two or more credible witnesses attest in your presence.

    An ordinary written will must be signed by you, or by a person acting in your presence at your direction. Electronic and remote procedures are separate from this paper-will overview.

    755 ILCS 5/4-3
  • Handwriting alone does not remove ordinary attestation requirements.

    Under the ordinary Illinois execution rule, a handwritten document still needs the required signature and witnesses. This row is not a determination of whether an old will made under another state's law is valid.

    755 ILCS 5/4-3: ordinary execution
  • Half to the spouse and half to descendants.

    With both a spouse and descendants surviving, the intestate estate is split equally between those groups after valid claims are paid. Descendants take by family branch (per stirpes); marriage alone does not mean the spouse receives all.

    755 ILCS 5/2-1(a)

Ask your plan lawyer: Will a plan attorney explain the spouse-and-child split and help coordinate a will with existing beneficiary designations?

Illinois legal-help resources

Indiana

  • At least two witnesses sign in your presence and each other's presence.

    Identify the document as your will and sign or acknowledge it under the statute. Qualifying audiovisual presence and supervised paper counterparts have additional safeguards; an ordinary video call is not a complete signing procedure.

    Indiana Code 29-1-5-3
  • Handwriting alone does not waive the ordinary witnesses.

    Indiana's written-will rule requires your signature and at least two witnesses. A wholly handwritten note is not a general exception. Recognition of a document made elsewhere is a separate question.

    Indiana Code 29-1-5-3: written wills
  • Generally half to the spouse; a qualifying subsequent-spouse case treats land differently.

    With surviving descendants, the ordinary spouse share is half the net estate. A second or later spouse who never had children with the deceased, where descendants from a previous spouse survive, instead gets half the personal property and an amount equal to 25% of the deceased's land value after liens. Do not treat that amount as a quarter ownership interest in the land.

    Indiana Code 29-1-2-1(b)-(c)

Ask your plan lawyer: Can the covered lawyer review remarriage, children from an earlier marriage, and the house title before deciding whether a simple will meets our wishes?

Indiana legal-help resources

Iowa

  • An ordinary written will needs a signature, declaration, and two competent witnesses signing before the maker and each other.

    Ask the lawyer to explain the signing ceremony and whether a self-proving affidavit is included. Presence can have a statutory electronic meaning; remote execution is outside this comparison.

    Iowa Code 2026, 633.279
  • Handwriting alone does not create a general unwitnessed-will exception.

    A will executed outside Iowa can have a different recognition route. Have a lawyer review where and how an existing will was signed rather than discarding it or assuming a handwritten note qualifies.

    Iowa Code 2026, 633.283; ordinary execution in 633.279
  • Shared descendants generally leave the estate to the spouse; nonshared descendants trigger a different, asset-specific share and $50,000 minimum.

    The nonshared rule generally gives half of qualifying real property and other personal property, all exempt personal property, and an available net-estate top-up to $50,000. This is not the first $50,000 plus half. Ask a lawyer to review debts, allowances, title, and beneficiaries separately.

    Iowa Code 2026, 633.212; shared-descendant rule in 633.211

Ask your plan lawyer: Can my plan lawyer check the will, signing process, asset ownership, and family relationships together, and explain what customized blended-family planning would cost beyond the basic benefit?

Iowa legal-help resources

Kansas

  • An ordinary written will is signed at the end and witnessed by two competent people in the maker's presence.

    Witnesses observe signing or hear acknowledgment of the will. Ask your drafting lawyer for execution guidance and whether a self-proving affidavit is included.

    Kansas Statutes 2026, 59-606
  • A handwritten document has no general exemption from ordinary witnessing.

    Out-of-state execution has a separate recognition rule, and limited oral-will rules are not a general handwritten alternative. Ask for review of an existing document before relying on or replacing it.

    Kansas Statutes 2026, 59-609; ordinary execution in 59-606
  • With surviving children or descendants of deceased children, the spouse receives half the intestate property.

    This is not a share of every account the couple uses. Ask a lawyer to review ownership, beneficiaries, household protections, and gifts to children alongside your will.

    Kansas Statutes 2026, 59-504

Ask your plan lawyer: Can my plan lawyer explain the spouse-and-children default, check my beneficiary forms, and oversee signing, with a separate quote for trusts or customized inheritance terms?

Kansas legal-help resources

Kentucky

  • Ordinary paper wills need two credible witnesses unless wholly handwritten.

    A written will needs the maker's signature or qualifying directed signing. For a non-holographic will, witnesses sign in the maker's and each other's presence after the required signing or acknowledgment. Kentucky's separate electronic-will rules are not ordinary paper instructions.

    Kentucky KRS 394.040
  • A wholly handwritten, signed will can dispense with attesting witnesses.

    This is a narrow alternative, not permission to sign an unwitnessed printed template. Clear intent, suitable terms, and later proof still matter. A covered lawyer can help prevent informal wording from becoming a family dispute.

    Kentucky KRS 394.040: wholly handwritten exception
  • Spouse gets half of surplus personalty; real estate has separate 2026 rules.

    Since July 15, 2026, the personal-property calculation can include beneficiary accounts, survivorship transfers, and revocable-trust property, with credits and exceptions. Real-estate descent is separately governed by KRS 391.010. Do not assume a beneficiary designation bypasses every spouse protection.

    Kentucky KRS 392.020: effective July 15, 2026

Ask your plan lawyer: Does the lawyer's review account for Kentucky's July 2026 spouse rights across beneficiary accounts, trusts, and real estate, or is the benefit only a basic will?

Kentucky legal-help resources

Louisiana

  • A notarial will must be written, dated, executed before a notary with two witnesses, and signed by the maker, witnesses, and notary.

    The current requirements reflect the 2025 revision; assisted-signing alternatives exist. Ask a Louisiana lawyer to arrange execution and review an older document rather than applying a generic two-witness template.

    Louisiana Civil Code 1576, amended by Acts 2025, No. 30
  • An olographic will is entirely handwritten, dated, and signed by its maker; witnesses are not a form requirement.

    Current law addresses signature and date placement and later handwritten changes. A typed document with a handwritten signature is different. Ask the plan lawyer to review an existing note and its intended gifts.

    Louisiana Civil Code 1575, amended by Acts 2025, No. 30
  • With descendants, the survivor ordinarily has a usufruct over the deceased spouse's undisposed community share, ending at death or remarriage.

    This right to use and benefit from property is different from outright ownership. Ask a Louisiana lawyer to explain the children's ownership, separate versus community assets, and how a will changes the default before relying on a percentage.

    Louisiana Civil Code 890; descendant succession in Article 888

Ask your plan lawyer: Will my plan lawyer check community-property ownership and beneficiary accounts, explain usufruct and any forced-heir issues, arrange current Louisiana signing formalities, and quote specialized succession or trust work separately?

Louisiana legal-help resources

Maine

  • Ordinary written wills need a signature and two witnesses signing within a reasonable time.

    The witnesses observe signing or receive acknowledgment of the signature or will. Ask for a practical execution checklist and confirm whether your plan helps arrange witnesses and proof of execution.

    Maine Revised Statutes, Title 18-C, 2-502
  • A signature and material portions in the maker's handwriting can qualify without witnesses.

    The exception does not fix ambiguous instructions or missing alternatives. A plan lawyer can help explain why a carefully reviewed will may be preferable to leaving relatives to interpret a personal note.

    Maine Revised Statutes, Title 18-C, 2-502: holographic wills
  • All-shared descendants can mean all; nonshared descendants change the spouse's share.

    All passes to the spouse when all descendants are shared and the spouse has no other surviving descendants. If only the spouse has others: first $100,000 plus half the balance; if the deceased has nonshared descendants: half. Discuss the consequences for a blended family before assuming a basic will is enough.

    Maine Revised Statutes, Title 18-C, 2-102

Ask your plan lawyer: Does my prepaid benefit include planning for children from earlier relationships, coordinating account beneficiaries, and reviewing the final signed documents, or only preparing a basic will?

Maine legal-help resources

Maryland

  • Ordinary paper execution needs two credible witnesses in the maker's physical presence.

    The written will also needs the maker's signature or qualifying directed signing. Separate compliant remote or electronic procedures have added safeguards; an ordinary video call is not automatically sufficient. Ask which execution route the provider actually supports.

    Maryland Estates and Trusts 4-102
  • The unwitnessed handwritten exception is limited to specified military circumstances.

    It concerns qualifying U.S. armed-services members outside U.S. states, D.C., and territories, with a post-discharge limit and exceptions. It is not a general option for residents who want to avoid witnesses.

    Maryland Estates and Trusts 4-103
  • Minor child: half; nonshared descendants without minors: first $100,000 plus half the rest.

    Otherwise the spouse or registered domestic partner receives the entire intestate estate under this section. Shared adult descendants do not trigger the minor-child rule. Check children's ages, family relationships, and registered status rather than relying on older inheritance summaries.

    Maryland Estates and Trusts 3-102: current text

Ask your plan lawyer: Can a covered lawyer check how our children's ages and registered relationship status affect defaults, then coordinate the will with beneficiary accounts and valid signing?

Maryland legal-help resources

Massachusetts

  • At least two witnesses observe signing or acknowledgment.

    The ordinary will is written and signed by you, or by someone at your direction in your conscious presence. Each witness observes signing or acknowledgment of your signature or will; a notary alone does not replace witnesses.

    Massachusetts G.L. c. 190B, 2-502
  • No general unwitnessed-handwritten alternative in the ordinary rule.

    Writing everything by hand does not remove the two-witness requirement. A will executed elsewhere needs a separate choice-of-law review; this row does not decide that document's validity.

    Massachusetts G.L. c. 190B, 2-502: execution
  • All in the fully shared-family case; otherwise first $100,000 plus half the balance.

    All goes to the spouse if every surviving descendant of the deceased is shared and the survivor has no other surviving descendants. If either spouse has the specified nonshared descendants, the spouse gets the first $100,000 of the intestate estate plus half any balance. Beneficiary-designated accounts are a separate check.

    Massachusetts G.L. c. 190B, 2-102(1), (3)-(4)

Ask your plan lawyer: Will an included consultation check both spouses' children and account beneficiaries, and explain any separately priced trust work?

Massachusetts legal-help resources

Michigan

  • At least two witnesses sign within a reasonable time.

    They witness your signing or acknowledgment of the signature or will. The formal will must be written and properly signed; self-proving paperwork addresses later proof, not a substitute signing route.

    Kent County Probate Court: MCL 700.2502
  • A dated holographic will can omit witnesses.

    Your signature and the material portions must be in your handwriting, and the document must be dated. A typed document with only a handwritten signature is not this exception.

    Kent County Probate Court: holographic wills
  • An inflation-adjusted first amount plus half the balance, even with shared descendants.

    When descendants survive, the spouse's initial amount is lower if none are also the spouse's descendants; half of the remaining intestate estate follows. All-shared descendants do not automatically give the spouse the whole estate. The court's table illustrates the categories, but its old dollar figures must not be used for a later death year.

    Michigan Probate Benchbook: MCL 700.2102 and inflation adjustments

Ask your plan lawyer: Can the covered consultation explain my family's inheritance default using the death-year adjustment, and quote any customized trust work separately?

Michigan legal-help resources

Minnesota

  • Two witnesses sign within a reasonable time after witnessing the relevant act.

    Each sees your signing or acknowledgment of the signature or will. The written will also needs the required maker's signature. Ask for the ceremony instructions, not just a template and notary appointment.

    Minnesota Statutes 524.2-502
  • The ordinary rule does not excuse witnesses for handwriting.

    Do not rely on an unwitnessed handwritten note as the planned route. Foreign execution and a court's separate harmless-error proof process are different questions, not substitutes for correct execution now.

    Minnesota Statutes 524.2-502: witnessed wills
  • All for the fully shared family; otherwise first $225,000 plus half the balance.

    The spouse receives all if the deceased's surviving descendants are shared and the survivor has no other surviving descendants. In either specified nonshared-family case, the spouse receives the first $225,000 of the intestate estate plus half any balance. Homestead and family protections require separate review.

    Minnesota Statutes 524.2-102

Ask your plan lawyer: Does the benefit include advice about our children's inheritance and homestead rights, along with valid signing and future updates?

Minnesota legal-help resources

Mississippi

  • An ordinary signed written will needs attestation by at least two credible witnesses in the maker's presence.

    The Bar recommends disinterested witnesses. Ask the plan lawyer to arrange signing and explain later proof; notarization alone is not a substitute for the witnesses.

    Mississippi Code 91-5-1 (official publisher), rechecked October 16, 2026
  • A wholly handwritten and signed will can qualify without execution witnesses.

    A typed form with only a handwritten signature is different. Later proof and clear intent still matter. Ask the plan lawyer to review an existing note rather than assume handwriting resolves every requirement.

    Mississippi Bar: holographic wills
  • With surviving children or their descendants, the spouse generally receives a child's share of the intestate estate.

    It is not automatically the whole estate, including in a blended family. Descendants can represent a deceased child's branch. Ask the lawyer to check the family tree, home rights, debts, and assets passing by beneficiary designation.

    Mississippi Code 91-1-7 (official publisher), rechecked October 16, 2026

Ask your plan lawyer: Will my plan lawyer review the spouse-and-children inheritance default with my beneficiary accounts and home ownership, arrange witnesses, and quote any trust, tax, or probate work outside the will benefit?

Mississippi legal-help resources

Missouri

  • Two or more competent witnesses sign in your presence.

    The will is written and signed by you, or by someone at your direction in your presence. Witness choice also matters: a beneficiary-witness can face separate gift restrictions.

    Missouri RSMo 474.320
  • Handwritten wills still need ordinary attesting witnesses.

    A signature on a handwritten document does not remove the witness requirement for this route. Have a lawyer review a will executed elsewhere rather than assuming another state's handwritten exception applies here.

    Missouri RSMo 474.320: written wills
  • Shared descendants: first $20,000 plus half the balance; nonshared descendants: half.

    The initial $20,000 applies only when all the deceased's surviving descendants are also the spouse's. If any are not shared, the spouse receives half the intestate estate instead. Descendants receive the remaining share; this is not a division of every jointly held asset.

    Missouri RSMo 474.010(1)(b)-(c)

Ask your plan lawyer: Will the plan lawyer check witness suitability and whether our blended-family wishes need customized provisions beyond a basic will?

Missouri legal-help resources

Montana

  • An ordinary written will needs a signature and two witnesses who sign within a reasonable time after observing signing or acknowledgment.

    Ask your plan lawyer to arrange or explain execution and distinguish it from a self-proving affidavit. A document package does not by itself finish the signing process.

    Montana Code Annotated 72-2-522(1)
  • A handwritten signature and material portions can qualify without witnesses.

    This is not a blanket exemption for a signed typed template. Ask for review of an existing note and whether its gifts actually match your intentions.

    Montana Code Annotated 72-2-522(2)-(3)
  • Shared descendants with no other surviving spouse descendants: all; the spouse-only-descendant branch is $225,000 plus half, and a nonshared decedent descendant branch is $150,000 plus half.

    These tiers concern the intestate estate, not every family account. Bring both spouses' family relationships, ownership records, and beneficiary forms to the lawyer rather than choosing a percentage from a family label.

    Montana Code Annotated 72-2-112(1)(b), (3)-(4)

Ask your plan lawyer: Will my plan lawyer check both spouses' descendants, beneficiary accounts, and signing arrangements together, and quote any customized blended-family or trust provisions separately?

Montana legal-help resources

Nebraska

  • An ordinary written will needs the maker's signature and two witnessing signatures.

    Witnesses observe signing or acknowledgment of the signature or will. Ask the drafting lawyer for execution instructions; delivery of a document does not complete signing.

    Nebraska Revised Statutes 30-2327
  • Handwritten wills require a signature, material provisions, and a date subject to statutory alternatives.

    A missing handwritten date can qualify only under the statute's alternative conditions. Ask for review rather than relying on an undated note or an unwitnessed typed template.

    Nebraska Revised Statutes 30-2328
  • Shared descendants: first $150,000 plus half the balance; nonshared descendants: half.

    These shares concern the intestate estate. A survivor's own other children do not trigger a different initial amount under this section. Review household assets and beneficiary accounts separately.

    Nebraska Revised Statutes 30-2302

Ask your plan lawyer: Will my plan lawyer review the will alongside ownership and beneficiary accounts, explain the signing process, and quote any customized family provisions separately?

Nebraska legal-help resources

Nevada

  • Ordinary paper wills require a signature and two competent witnesses signing in the maker's presence.

    This is separate from electronic-will rules. Ask for a supervised signing process or clear instructions, and discuss whether a self-proving affidavit is included.

    Nevada Revised Statutes 133.040
  • A handwritten signature, date, and material provisions can qualify without witnesses or notarization.

    The date is part of the Nevada handwritten rule. An unwitnessed typed form is not this alternative; have a lawyer review the actual document before relying on it.

    Nevada Revised Statutes 133.090
  • Separate property: spouse gets half with one child line, one-third with multiple child lines.

    These shares do not apply to all community property. NRS 134.010 directs community property to separate rules; the deceased's ordinary community-property interest generally passes to the spouse without a will. Ask about classification and title before comparing percentages.

    Nevada Revised Statutes 134.010-134.040; cross-reference to 123.250

Ask your plan lawyer: Does my plan lawyer distinguish community from separate property, coordinate titles and beneficiaries, and explain what customized planning for children would cost beyond a basic will?

Nevada legal-help resources

New Hampshire

  • An ordinary written will needs the maker's signature and two credible witnesses attesting in the maker's presence.

    Ask the plan lawyer to distinguish signing from self-proof and discuss any statutory assisted or remote procedure separately. This comparison addresses ordinary paper execution, not every alternative.

    New Hampshire RSA 551:2
  • Handwriting alone does not remove the ordinary witness requirement.

    Recognition of documents validly made elsewhere is a separate rule. Ask for review after a move; do not assume another state's handwritten exception permits a new unwitnessed New Hampshire will.

    New Hampshire RSA 551:2 and 551:5
  • Shared descendants with no others: first $250,000 plus half; blended families use lower initial amounts.

    If only the spouse has other descendants: first $150,000 plus half; if the deceased has nonshared descendants: first $100,000 plus half. These concern the intestate estate, not every beneficiary account or jointly owned asset.

    New Hampshire RSA 561:1

Ask your plan lawyer: Will my plan lawyer check how spouse and children's interests fit with titles and beneficiary forms, and include the execution and update work needed to keep the documents usable?

New Hampshire legal-help resources

New Jersey

  • At least two witnesses, signing within a reasonable time.

    Each witnesses your signing or acknowledgment of the signature or will. The document must also be written and signed under the statute; notarization alone is not this ordinary two-witness procedure.

    New Jersey Statutes 3B:3-2(a), rechecked October 16, 2026
  • Signature and material portions in your handwriting can qualify.

    The statutory handwritten route can apply without witnesses. Separate court-proof rules for other writings intended as wills should not be treated as permission to skip a planned signing ceremony.

    New Jersey Statutes 3B:3-2(b), rechecked October 16, 2026
  • All in the shared-family case; otherwise an initial amount plus half the balance.

    When all the deceased's descendants are shared and the survivor has no other descendants, the spouse receives all. The specified nonshared-family cases use an initial 25% of the intestate estate (at least $50,000, capped at $200,000, limited by the estate available), then half the balance. Civil-union and domestic-partner rules also require review.

    Ocean County Surrogate: intestate spouse and child shares

Ask your plan lawyer: Will the plan lawyer check both partners' children and beneficiary forms, and explain whether our family needs more than a standard will?

New Jersey legal-help resources

New Mexico

  • Two witnesses observe signing and then sign in the maker's and each other's presence.

    The ordinary rule also requires a written will and maker's signature or a qualifying directed signature. Ask your plan lawyer to explain the complete ceremony, not only deliver a form.

    New Mexico Statutes 45-2-502
  • Handwriting alone does not waive ordinary witnesses.

    A will validly made under another jurisdiction's law raises a separate recognition question. Ask for review after moving rather than relying on an unwitnessed note or another state's general rule.

    New Mexico Statutes 45-2-502: execution
  • With descendants, the spouse receives one-fourth of separate intestate property, not one-fourth of everything.

    The deceased's community-property half instead passes to the spouse. The survivor's own half is distinct. Bring ownership records and beneficiary forms to a lawyer before estimating what the children or spouse would receive.

    New Mexico Statutes 45-2-102

Ask your plan lawyer: Can my plan lawyer separate community from separate property, coordinate account beneficiaries, and explain whether customized children's provisions and signing assistance are covered?

New Mexico legal-help resources

New York

  • Two witnesses within one 30-day period.

    You sign or acknowledge to each witness and declare the document is your will. Witnesses sign at your request; these are not interchangeable with notarization.

    EPTL 3-2.1
  • Only narrow military and mariner exceptions.

    Unwitnessed holographic wills are restricted to qualifying service during armed conflict and mariners at sea, with expiration rules. They are not the ordinary civilian route.

    EPTL 3-2.2
  • Spouse: first $50,000, then half of the remainder.

    When a spouse and descendants survive, descendants receive the balance by representation. This is the intestate estate after specified deductions, not a split of every account, insurance payment, or jointly owned asset.

    EPTL 4-1.1

Ask your plan lawyer: Who supervises the will ceremony, and are the instructions current for the date I actually sign?

New York legal-help resources

North Carolina

  • At least two competent witnesses sign in your presence.

    You sign or acknowledge to the witnesses; they need not sign in each other's presence. A document package should include instructions for the required ceremony.

    North Carolina G.S. 31-3.3
  • An entirely handwritten, signed will can omit attesting witnesses.

    The writing must meet the statutory handwriting and name/signature rules. Unrelated printed matter can be allowed only under the statute's conditions; a signed typed form is not the handwritten exception.

    North Carolina G.S. 31-3.4
  • Land and personal property have different spouse-share rules.

    One surviving child line: the spouse gets half the intestate real property and the first $60,000 of net personal property plus half its balance. Two or more child lines: one-third of the real property and the first $60,000 of net personal property plus one-third of its balance. If net personal property is no more than $60,000, the spouse receives all of that property.

    North Carolina G.S. 29-14

Ask your plan lawyer: Can a covered attorney check the house title and explain children's possible shares before I assume a simple will covers everything?

North Carolina legal-help resources

North Dakota

  • Ordinary written wills allow two witnesses or the maker's acknowledgment before a notary or authorized officer.

    The maker's signature is still needed; the witness route has a reasonable-time rule. Ask the plan lawyer which valid route is being used and distinguish execution from self-proof.

    North Dakota Century Code 30.1-08-02
  • A signature and material portions in the maker's handwriting can qualify without ordinary witnessing.

    An unwitnessed typed template is not the handwritten exception. Ask for review of gifts, backup beneficiaries, and account coordination rather than assuming handwritten wording completes the plan.

    North Dakota Century Code 30.1-08-02(2)
  • All-shared descendants can mean all; blended families use initial amounts plus half the balance.

    All requires shared descendants and no other surviving descendants of the spouse. If only the spouse has others: first $225,000 plus half; if the deceased has nonshared descendants: first $150,000 plus half. Review nonprobate assets separately.

    North Dakota Century Code 30.1-04-02

Ask your plan lawyer: Will my plan lawyer confirm the execution route, coordinate beneficiary accounts with spouse and children's interests, and explain separately priced planning beyond the basic will?

North Dakota legal-help resources

Ohio

  • Two or more competent witnesses in your conscious presence.

    The will is written and signed at the end. Witnesses attest and sign after seeing the signing or hearing your acknowledgment. This provision excludes distant electronic sight or sound from conscious presence.

    Ohio Revised Code 2107.03
  • Handwritten and typed wills share the ordinary witness requirement.

    The ordinary rule does not excuse witnesses because the document is handwritten. This overview does not decide whether a court might admit a defective document under a separate proof procedure.

    Ohio Revised Code 2107.03: written wills
  • Shared descendants can mean all to the spouse; nonshared families use different amounts and fractions.

    If all the deceased's surviving child lines are also the spouse's, the spouse receives all. One nonshared child line: first $20,000 plus half the balance. Multiple child lines with some nonshared: first $60,000 if the spouse is a parent of at least one, otherwise $20,000, then one-third of the balance. These are intestate-estate shares, not all household assets.

    Ohio Revised Code 2105.06(B)-(D)

Ask your plan lawyer: Does the included drafting cover our blended-family wishes, or will we need separately quoted trust or inheritance planning?

Ohio legal-help resources

Oklahoma

  • Ordinary wills require signing or acknowledgment, a declaration that this is the will, and two witnesses signing at the end in the maker's presence.

    Witnesses sign at the maker's request. Ask your lawyer to arrange the ceremony and distinguish execution from self-proof; special routes are outside this ordinary paper-will comparison.

    Oklahoma Statutes 84-55
  • An unwitnessed holographic will must be entirely handwritten, dated, and signed by the maker.

    Do not assume a typed form with a handwritten signature qualifies. Ask a lawyer to review an existing note's wording and intended gifts.

    Oklahoma Statutes 84-54
  • Shared descendants: half; nonshared descendants: half of jointly acquired marital property and a child's share of other property.

    The split branch uses statutory child-and-descendant shares, not half of everything. Bring ownership records and a family tree to a plan consultation, alongside beneficiary accounts and the will.

    Oklahoma Statutes 84-213(B)(1)(c)-(d)

Ask your plan lawyer: Will my plan lawyer check jointly acquired versus other property, descendant shares and beneficiary accounts with the will, arrange signing, and quote trust or customized family planning beyond the basic benefit?

Oklahoma legal-help resources

Oregon

  • Two witnesses must sign within a reasonable time and before the maker dies.

    Each must observe the specified signing or acknowledgment, and the written will needs the maker's signature or qualifying directed signing. From January 1, 2026, this ordinary writing rule excludes electronic records and images. Ask for a paper execution process, not just an electronic signature.

    Oregon ORS 112.235: 2026-effective text
  • There is no ordinary witness-free option merely because a will is handwritten.

    A court's separate clear-and-convincing proof process for some execution defects is not a planned substitute for proper signing. Avoid leaving loved ones to litigate whether an informal document qualifies.

    Oregon ORS 112.235 and 112.238
  • All if the deceased's descendants are shared; half if any are not.

    The spouse's share concerns the net intestate estate. With a nonshared descendant, the remaining half passes through the descendant rules. A basic will benefit should be checked for provisions suitable to a blended family, not assumed to solve ownership and account transfers.

    Oregon ORS 112.025

Ask your plan lawyer: Will the benefit include compliant paper execution under the 2026 rule, blended-family advice, and beneficiary coordination, and what does a trust or funding help cost extra?

Oregon legal-help resources

Pennsylvania

  • Written and signed at the end; ordinary execution does not require witnesses.

    Signing by mark or by another person has two-witness requirements. Probate proof and self-proving procedures are separate from ordinary execution.

    20 Pa.C.S. 2502
  • A handwritten will can follow the ordinary written-will rule.

    Handwriting is not a special exemption from signature or capacity requirements. Ask about witness evidence and self-proof rather than treating no witnesses as no process.

    20 Pa.C.S. 2502
  • Shared descendants: first $30,000 plus half the balance to the spouse.

    If one or more of the deceased's descendants are not also the spouse's, the spouse receives half instead. These are intestate-estate rules, not a calculation of all household wealth; partial intestacy has additional rules.

    20 Pa.C.S. 2102

Ask your plan lawyer: Would a witnessed, self-proved will ease later proof, and does the quoted service include that procedure?

Pennsylvania legal-help resources

Rhode Island

  • Ordinary wills require signing or acknowledgment before at least two witnesses together; they sign before the maker.

    Ask your drafting lawyer to organize the ceremony and choose appropriate witnesses. This comparison does not evaluate specialized military or foreign-execution exceptions.

    Rhode Island General Laws 33-5-5
  • Handwriting alone does not remove ordinary witness requirements; an out-of-state signed written will may qualify under another state's rules.

    Foreign execution depends on the law of the place of execution or the maker's domicile. Have a lawyer check an old handwritten document or an interstate move instead of assuming every unwitnessed note qualifies.

    Rhode Island General Laws 33-5-5 and 33-5-7
  • With descendants, the spouse generally receives half of surplus personal property; real estate has a separate life-estate rule.

    A life estate is not outright ownership. Ask about the home, title, debts, and beneficiary accounts, plus the separate court-discretionary real-estate allowance. A will and ownership review may be more useful than assuming a single percentage covers everything.

    Rhode Island General Laws 33-1-10; real estate in 33-1-5 and 33-1-6

Ask your plan lawyer: Will my plan lawyer distinguish my home's ownership from a life estate, review beneficiary accounts and family needs with the will, organize signing, and quote any trust or deed work outside the benefit?

Rhode Island legal-help resources

South Carolina

  • A written, signed will needs at least two attesting witnesses.

    Each witnesses signing or acknowledgment of the signature or will; directed signing has additional requirements. Ask who arranges suitable witnesses and whether execution support is included, rather than assuming notarization alone completes the will.

    South Carolina Code 62-2-502
  • Handwritten wills ordinarily need the same witnesses.

    A separate personal-property list is not a whole will, and recognition of wills made elsewhere is another issue. Have a lawyer review informal instructions instead of treating a handwritten signature as a witness exemption.

    South Carolina Code 62-2-502, 62-2-505, and 62-2-512
  • With surviving descendants, the spouse receives half of the intestate estate.

    The half-share applies whether descendants are shared or from another relationship. Without surviving descendants the spouse receives all under this section. Family protections and transfers outside the intestate estate need separate review.

    South Carolina Code 62-2-102

Ask your plan lawyer: Does the basic will benefit include planning for a surviving spouse and children, plus witnessing and beneficiary review, or are customized provisions separately billed?

South Carolina legal-help resources

South Dakota

  • An ordinary written will requires a signature and two witnesses signing in the maker's conscious presence.

    Witnesses must also observe signing or acknowledgment in that presence. Ask the drafting lawyer for a signing appointment or clear execution instructions.

    South Dakota Codified Laws 29A-2-502(b)
  • A handwritten signature and material portions can qualify without witnesses.

    This is not an exemption for an unwitnessed typed template. Have a lawyer examine the document and clarify the intended gifts rather than relying on a note's appearance.

    South Dakota Codified Laws 29A-2-502(a), (c)
  • All shared descendants: spouse receives the intestate estate; nonshared descendants: first $100,000 plus half the balance.

    These are intestate shares, not percentages of every household account. Ask a plan lawyer to coordinate your will with ownership and beneficiary instructions, especially in a blended family.

    South Dakota Codified Laws 29A-2-102

Ask your plan lawyer: Can my plan lawyer check the signing ceremony and whether the default spouse-and-children split matches my wishes, then quote any customized provisions separately?

South Dakota legal-help resources

Tennessee

  • At least two witnesses with mutual presence requirements.

    Identify the instrument as your will and complete the statutory signing or acknowledgment. Witnesses sign in your presence and each other's. The narrow pre-July 2016 affidavit exception is not the procedure for a new will.

    Tennessee Code 32-1-104(a)-(b): signing and historical exception (checked October 15, 2026)
  • A qualifying handwritten will needs no attesting witnesses, but handwriting must be proved later.

    Your signature and all material provisions must be in your handwriting; two witnesses must prove the handwriting. These are proof witnesses, not people required to attend the signing. Informal wording can still cause a dispute about intent.

    Tennessee Code 32-1-105: handwritten wills (checked October 15, 2026)
  • Spouse receives one-third or a child's share, whichever is greater.

    When descendants survive, the spouse does not automatically inherit all. With one living child and no other descendant branches, the spouse and child each receive half; additional branches need the statutory representation rules. This concerns the intestate estate, not survivorship or beneficiary transfers.

    Tennessee Code 31-2-104(a)(2), (b)(1): spouse and descendants (checked October 15, 2026)

Ask your plan lawyer: Can a covered lawyer arrange proper execution and coordinate a survivor's needs with children's gifts, and is trust drafting a separate benefit?

Tennessee legal-help resources

Texas

  • Two or more credible witnesses, age 14 or older.

    For an ordinary attested will, witnesses sign in your presence. The will must be written and signed under the statutory rules.

    Estates Code 251.051
  • A wholly handwritten will can omit witnesses.

    It must be wholly in your handwriting and signed. This exception is not permission to leave a typed online form unwitnessed.

    Estates Code 251.052
  • Community-property inheritance depends on whether descendants are shared.

    The deceased spouse's community half goes to the survivor when all surviving descendants are also the survivor's. Otherwise it goes to the deceased's descendants. Separate personal property and land follow different rules; do not apply this split to every asset.

    Estates Code 201.002-201.003

Ask your plan lawyer: Does the drafting service include an appropriate self-proving procedure, and who arranges it?

Texas legal-help resources

Utah

  • Ordinary written wills require a signature and two witnesses signing within a reasonable time after observing signing or acknowledgment.

    Ask the drafting lawyer to arrange signing and explain the distinction from notarization or later proof. Special execution and recognition alternatives are outside this ordinary paper-will comparison.

    Utah Code 75-2-502(1)
  • A handwritten signature and material portions can qualify as a holographic will without witnesses.

    A typed form with only a handwritten signature is different. Ask a lawyer to check an existing note's wording and intent rather than relying on handwriting alone.

    Utah Code 75-2-502(2)
  • Shared descendants: all; a nonshared decedent descendant: $75,000 plus half of the balance, subject to a nonprobate-transfer adjustment.

    In the split branch, certain transfers to the survivor are added for calculation and treated as an advancement against the spouse's share. Ask a lawyer to review beneficiary accounts, ownership, and the family tree before treating the headline formula as the amount received.

    Utah Code 75-2-102

Ask your plan lawyer: Will my plan lawyer check beneficiary transfers against the blended-family inheritance adjustment, review ownership with my will, arrange signing, and quote customized trust or tax work outside the benefit?

Utah legal-help resources

Vermont

  • An ordinary written will is signed before two credible witnesses, who sign before the maker and each other.

    Ask your drafting lawyer to explain the signing sequence and arrange appropriate witnesses. This paper-will comparison does not evaluate special remote or military execution rules.

    Vermont Statutes 14 V.S.A. 5
  • Handwriting does not by itself remove the ordinary witness requirements.

    Do not treat a signed handwritten note as a general unwitnessed-will route. Ask for review of an existing document and instructions for completing a replacement properly.

    Vermont Statutes 14 V.S.A. 5 and 7
  • All shared descendants: spouse receives the intestate estate; qualifying nonshared descendants: spouse receives half.

    The statutory share is after debts, expenses, and specified allowances; a will's exclusion of a nonshared descendant can also matter. Bring family details and beneficiary forms to a consultation before comparing percentages.

    Vermont Statutes 14 V.S.A. 311

Ask your plan lawyer: Will my plan lawyer check the signing sequence, family relationships, and beneficiary accounts together, and quote any customized gifts or trust work beyond the basic will?

Vermont legal-help resources

Virginia

  • Two competent witnesses present together for signing or acknowledgment.

    For a will not wholly handwritten, both witness your signature or acknowledgment and sign in your presence. Follow the whole procedure, not just the number of names on the page.

    Virginia Code 64.2-403(C)
  • Wholly handwritten and signed, with later proof by two disinterested witnesses.

    These witnesses prove the handwriting and signature; they are not ordinary witnesses required to attend a holographic signing ceremony. Arrange attorney review rather than assuming an informal note will be easy to prove.

    Virginia Code 64.2-403(B)
  • All to the spouse with shared descendants; one-third if any are nonshared.

    If any surviving child line is not also the spouse's, the spouse receives one-third and the deceased's descendants two-thirds. Otherwise the spouse receives all. The personal-estate rule follows the same proportions after expenses and debts, subject to separate spouse protections.

    Virginia Code 64.2-200 and 64.2-201

Ask your plan lawyer: Will the plan lawyer help with valid execution and later proof, and review how children from an earlier relationship affect the estate?

Virginia legal-help resources

Washington

  • Two or more competent witnesses with statutory attestation.

    They sign the will or a qualifying affidavit in your presence and at your direction or request. The statute recognizes qualifying electronic presence too; this comparison is not a remote-signing checklist.

    Washington RCW 11.12.020
  • Handwriting alone does not waive Washington's ordinary witness requirements.

    A will validly executed under another place's or domicile's law can be recognized under the statute. Have a lawyer review an older out-of-state handwritten will rather than assuming it is invalid or automatically valid here.

    Washington RCW 11.12.020: foreign wills
  • All of the deceased's net community share, but half of the net separate estate.

    When descendants survive, the spouse or state-registered domestic partner receives the deceased's net community-property share and half the net separate estate. Those are property classifications, not a rule that everything in a marriage is community property.

    Washington RCW 11.04.015

Ask your plan lawyer: Does the covered consultation classify our property and check an old will after a move, and which signing procedure does the provider actually support?

Washington legal-help resources

West Virginia

  • Ordinary wills require a signature or acknowledgment before two competent witnesses together; witnesses sign before the maker and each other.

    Ask the drafting lawyer to arrange the complete signing ceremony. A notary alone is not a substitute for these ordinary witness requirements.

    West Virginia Code 41-1-3
  • A signed will wholly in the maker's handwriting can use the unwitnessed route.

    The ordinary witness exception does not describe a typed form with a handwritten signature. Have a lawyer check an existing note's intent, wording, and gifts before relying on it.

    West Virginia Code 41-1-3
  • Shared descendants with no other spouse descendants: all; spouse-only descendants: three fifths; nonshared decedent descendants: half.

    These are intestate-estate branches, not shares of every account or the survivor's own property. Bring a family tree, ownership records, and beneficiary forms to a plan consultation to check whether the default matches your wishes.

    West Virginia Code 42-1-3

Ask your plan lawyer: Will my plan lawyer review the family-tree inheritance branches, ownership and beneficiary forms alongside my will, arrange signing, and quote any trust or customized drafting work separately?

West Virginia legal-help resources

Wisconsin

  • An ordinary written will needs a signature and two witnesses signing within a reasonable time after observing signing or acknowledgment.

    Witnesses can observe at different times. Ask your drafting lawyer for the appropriate execution process; special attorney-supervised remote signing is outside this paper-will comparison.

    Wisconsin Statutes 853.03
  • Handwriting alone does not create an ordinary unwitnessed-will exception.

    An existing will can qualify through another jurisdiction's execution rules. Have a lawyer review where and how it was made before assuming a handwritten note is valid or an old will must be discarded.

    Wisconsin Statutes 853.05; ordinary rules in 853.03
  • All shared descendants: spouse receives the intestate estate; nonshared descendants: half of specified property, not half of everything.

    The nonshared branch excludes the decedent's interest in marital property and property held equally and exclusively as tenants in common with the survivor. The survivor's own ownership is separate. Ask a lawyer to reconcile family relationships, title, and beneficiary accounts.

    Wisconsin Statutes 852.01(1)(a)-(b)

Ask your plan lawyer: Can my plan lawyer check marital-property ownership, both spouses' children, and beneficiary forms alongside the will, and explain signing and any customized provisions that cost extra?

Wisconsin legal-help resources

Wyoming

  • An ordinary written or typed will requires the maker's signature and two competent witnesses.

    Discuss witness selection and signing guidance with the drafting lawyer. Remote witnessing has additional conditions and is outside this paper-will comparison.

    Wyoming Statutes 2-6-112
  • A will entirely handwritten and signed by its maker can qualify without witnesses.

    The rule is entire handwriting, not just handwritten material provisions. Ask for review of an existing note before treating it as an effective estate plan.

    Wyoming Statutes 2-6-113
  • With surviving descendants, the spouse generally receives half the intestate estate.

    The remaining half goes to descendants under the succession rules. Ask whether that result fits your family and which accounts instead pass through ownership or beneficiary instructions.

    Wyoming Statutes 2-4-101(a)(i)

Ask your plan lawyer: Will my plan lawyer coordinate my will with jointly owned assets and beneficiary forms, and explain signing, witness choices, and the cost of any customized family provisions?

Wyoming legal-help resources

A notary is not a universal replacement for witnesses. Ask the drafting lawyer to distinguish execution from later proof of the will. Do not use this comparison as a signing checklist. Resources for all 50 states.

Compare the work, not a promise of peace of mind

Which service gets you closer to a finished plan?

LegalShield

Personal legal membership

Published benefits distinguish will preparation, higher-tier annual updates, and Premium basic revocable-trust preparation with a $250 fee per person; annual trust updates also carry a stated fee.

Useful when: You want a plan lawyer for basic documents and other covered personal matters.

Check first: Your state contract, document scope, total dues, fees, and whether funding is included.

Published estate benefits

MetLife Legal Plans

Group or eligible enrollment route

Describes attorney services for wills, trusts, powers of attorney, and healthcare directives. Availability and covered work depend on the plan offered to you; not every estate-planning task is covered.

Useful when: An available workplace or other eligible plan includes the scope you need.

Check first: Network availability, trust funding, tax/business exclusions, and any out-of-network reimbursement gap.

Published estate services

ARAG

Legal insurance or legal-plan benefit

Describes access to estate-planning attorneys and state-specific will templates. Those are different levels of help, not interchangeable promises of individualized review.

Useful when: You have an eligible plan and want to discuss document choices with a network attorney.

Check first: Your certificate, trust coverage, excluded work, and whether the service is a template or attorney engagement.

Published will-planning resources

Our finding: completion matters more than the cheapest will

No single provider wins for every family. A plan is a stronger fit when its written benefit covers your actual documents and gives you access to an attorney with relevant experience. For complex needs, a covered first conversation can still be valuable even if the final work needs a separate engagement. Before buying a new membership for one project, compare all required dues and extras with a same-scope direct quote. Already have a benefit through work? Check it before paying for a second package.

Compare future plan payments and a direct quote.

Online services worth evaluating, not automatic endorsements

We have not independently tested these services or verified individual attorney quality. We may earn a commission if you purchase through the US Legal Forms link below. The other links in this section are unpaid.

Trust & Will

Offers online estate documents with optional attorney support. Its published attorney-support page lists state exclusions, so “online availability” does not mean a lawyer is available everywhere.

Before buying: Confirm review and customization, signing assistance, trust-funding support, updates, renewal terms, and your state.

Check attorney-support availability

LegalZoom

Public package examples checked October 15, 2026: Pro Will lists 30 days of Legal Assist, then automatic renewal at $25/month. Premium Will and Premium Trust list one year, then automatic renewal at $199/year. These are attorney-plan renewal charges, not the initial document-package price. Basic Trust does not list attorney consultations.

Document revisions have a separate window: 30 days for Pro Will and one year for Premium Will and Premium Trust. Do not assume renewing the attorney plan extends that window. Cancel attorney-plan renewal through your account or by phone; plan benefits continue through the current paid period, then end.

Before buying: Confirm the purchased package, current renewal rate, cancellation terms, included attorney work, revisions, signing assistance, and work outside the package.

Compare current estate packages and renewal terms · Attorney-plan cancellation terms

A direct estate-planning lawyer

A written engagement can address a blended family, benefit eligibility, business, conflict, or property across states. Ask for an itemized scope and verify licensing through the relevant state bar.

Before hiring: Ask about similar matters, who does the work, completion steps, and any ongoing administration fees.

Find local starting points

US Legal Forms

A forms subscription for people who know which estate documents they need. Premium lists completion help for wills, powers of attorney, and healthcare directives; that service is not legal advice or representation.

Before buying: Confirm your state, signing requirements, renewal charge, and whether a lawyer should review your circumstances. Compare available official forms first.

We may earn a commission if you purchase through our US Legal Forms link below.

Explore US Legal Forms
When the budget is the obstacle

Check existing workplace, union, or other legal benefits before purchasing another service. Ask local legal aid or aging-services programs whether estate documents are within their current work; eligibility and available help vary. Free forms and customer support are not the same as an attorney advising on your facts. Find local civil legal aid.

Your first appointment, without the overwhelm

You do not need a perfect answer to every question. Bring an honest picture of your life and the places where you are unsure.

  1. One goal and one worry. For example, “My partner needs access to household money, and I do not want the children forgotten.”
  2. The people and backups. Dependents, proposed agents, executor, guardian, trustee, and anyone who may disagree.
  3. A basic inventory. Property locations, account types and ownership, insurance, debts, beneficiary designations, and any business interests. Keep identifiers and passwords off this website.
  4. What already exists. Wills, trusts, powers of attorney, healthcare documents, and relevant family or business agreements. Do not destroy old originals before receiving advice.
  5. A written completion list. Ask who handles drafting, signing, transfers, filing or recording, institution acceptance, storage, and revisions, with costs for excluded work.
Keeping the plan usable after the appointment

Tell the appropriate people where the originals are and how to access them. Ask banks and healthcare providers about their document processes. Check that intended trust assets and beneficiary forms were actually coordinated. Keep an access plan for digital accounts separate from the legal documents.

Review after a move, marriage, divorce, birth, death, major asset change, or health change. Check that named people remain willing and able to serve. Ask whether updates are covered, discounted, or separately billed.