Estate & Legacy Planning

Last will and testament

Also known asWillTestament

Definition

A last will and testament is a legal document in which a person directs how their probate assets should be distributed at death, names guardians for minor children, and appoints an executor to administer the estate. To be valid, a will must meet state-specific signing and witnessing requirements.

By Olomon EditorialLast updated
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Key takeaways

  • A will controls only probate assets — not assets passing by beneficiary designation, joint title, or trust.
  • Wills must follow state-specific signing and witnessing rules to be valid.
  • Without a valid will, state intestacy law decides who inherits and who raises minor children.
  • A will should be reviewed after every major life event and at least every few years.

How Olomon thinks about this

Olomon stores your executed will, tracks where the original lives (state law often requires the original, not a copy, for probate), and ties it to the rest of your estate plan so a successor or executor can locate it instantly.

In-depth definition

Even households with a fully funded revocable trust still need a will — typically a “pour-over” will that catches anything that wasn't titled into the trust during life. Wills are also where guardianship for minor children is named, which makes them essential for any parent regardless of net worth.

Frequently asked questions

  • Holographic (handwritten) wills are valid in some states under specific conditions, but they are easy to invalidate and easy to misinterpret. For most households, a will drafted with an estate attorney — or at minimum a reputable platform — is the right move.

  • Somewhere safe, accessible to your executor, and known to your spouse or trusted family. A fireproof home safe, an attorney's vault, or a courthouse will deposit (in some jurisdictions) are common choices.

Sources

Primary, authoritative references.

  1. 1

    National Institute on Aging (NIH)

    Getting Your Affairs in Order — NIA

    Cited for: Will inclusion in personal affairs checklist

  2. 2

    Consumer Financial Protection Bureau

    What is a will? — CFPB

    Cited for: Consumer-friendly definition

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Cite this page

APA
Olomon Editorial Team. (2026). Last will and testament. Olomon Financial Glossary. https://olomon.com/financial-glossary/last-will-and-testament

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