Practical examples of last will and testament templates for parents
Real-world examples of last will and testament templates for parents
Instead of starting with theory, let’s jump straight into practical examples of last will and testament templates for parents. These are not one-size-fits-all legal documents, but they give you realistic wording you can adapt and discuss with a lawyer in your state.
For readability, each example is shortened and simplified. In an actual will, you’d include more detail, signatures, witnesses, and sometimes notarization, depending on your state’s law.
Example 1: Married parents with young children
This example of a last will and testament template for parents fits a fairly common situation: two married parents, minor kids, a house, and some savings.
Example clause – basic family setup
“I, Maria Lopez, a resident of Travis County, Texas, declare this to be my Last Will and Testament. I am married to David Lopez, and we have two children, Sofia Lopez and Daniel Lopez. I leave all of my property, including my home, bank accounts, and personal belongings, to my spouse, David Lopez, if he survives me. If David does not survive me, I leave all of my property in equal shares to my children, Sofia and Daniel, to be held in trust until each child reaches the age of 25.”
Example clause – naming a guardian
“If my spouse does not survive me, or is unable to care for our children, I nominate my sister, Ana Perez, as guardian of the person of my minor children. If Ana is unable or unwilling to serve, I nominate my friend, Jason Kim, as alternate guardian.”
This is one of the best examples for parents who want something straightforward: spouse first, then kids, plus a backup guardian.
Example 2: Single parent naming a guardian and backup guardian
Single parents often worry most about: Who will raise my kids if I’m gone? Here’s an example of last will and testament language that centers guardianship and a simple plan for money.
Example clause – single parent basics
“I, Jordan Smith, currently residing in King County, Washington, declare this to be my Last Will and Testament. I am a single parent of my son, Elijah Smith. I leave all of my property, including any life insurance proceeds payable to my estate, to my son, Elijah.”Example clause – detailed guardianship
“I nominate my sister, Rachel Smith, as guardian of the person and estate of my minor child, Elijah. If Rachel is unable or unwilling to serve, I nominate my close friend, Marcus Allen, as alternate guardian. It is my wish that Elijah remain in his current school district if reasonably possible.”
Example clause – managing money for a minor
“Any property passing to Elijah while he is under the age of 21 shall be held in trust and managed by the guardian or a trustee appointed by the court, to be used for Elijah’s health, education, maintenance, and support.”
Many parents find that examples like this help them think beyond just a name: they start adding preferences about school, location, and values.
Example 3: Blended family with stepchildren
Blended families are where basic online forms can get risky. Here’s an example of last will and testament template language for parents who have children from prior relationships and stepchildren.
Example clause – defining the family
“I, Christopher Johnson, of Clark County, Nevada, declare this to be my Last Will and Testament. I am married to Angela Johnson. I have two biological children from a prior relationship, Olivia Johnson and Noah Johnson. Angela has one child from a prior relationship, Mia Thompson, whom I have not legally adopted.”Example clause – specific gifts
“I give my personal vehicle to my spouse, Angela. I give my collection of musical instruments to my son, Noah. I give my jewelry and family heirlooms to my daughter, Olivia.”Example clause – sharing the remainder
“I leave the rest, residue, and remainder of my estate as follows: one-half (1/2) to my spouse, Angela Johnson, if she survives me, and one-half (1/2) in equal shares to my children, Olivia Johnson and Noah Johnson. I request, but do not require, that Angela consider Mia’s needs when using her share.”
This shows how parents can be explicit about who is, and is not, included as a legal “child” under the will, while still expressing wishes about stepchildren.
Example 4: Unmarried co-parents living together
More parents are co-parenting without being married. This example of a last will and testament template for parents shows how to protect a partner and kids when the law might not automatically do it.
Example clause – unmarried partner and kids
“I, Alexis Rivera, residing in Cook County, Illinois, declare this to be my Last Will and Testament. I am not married. I have two children, Leo and Mila, with my partner, Cameron Brooks. I leave my interest in our residence at 123 Oak Street to Cameron, so that Cameron and our children may continue living there. I leave the remainder of my estate in equal shares to my children, Leo and Mila, to be held in trust until each reaches age 25.”Example clause – guardianship if both parents die
“If Cameron and I both die while any of our children are minors, I nominate my cousin, Natalie Rivera, as guardian of the person of my children.”
Parents in this situation often rely heavily on examples of last will and testament templates for parents because state intestacy laws (what happens if you die without a will) may leave the unmarried partner with nothing.
Example 5: Parents with a child who has special needs
When a child receives disability benefits or may need long-term care, parents often need more tailored planning. This example is simplified, but it shows the flavor of language used in a “supplemental needs” or “special needs” approach.
Example clause – identifying the child
“I, Priya Patel, of Middlesex County, New Jersey, declare this to be my Last Will and Testament. I am married to Arjun Patel. We have two children, Asha and Dev. Our son, Dev, has special needs and may be eligible for government benefits.”Example clause – special needs trust concept
“Any share of my estate passing to Dev shall not be distributed to him outright. Instead, it shall be held in a supplemental needs trust for his benefit, to be used to enhance his quality of life without disqualifying him from government assistance programs, to the extent permitted by law.”
Parents in this situation should talk to an attorney who focuses on special needs planning. The Social Security Administration provides guidance on how trusts affect benefits here: https://www.ssa.gov/ssi/spotlights/spot-trusts.htm
Example 6: Parents leaving charitable gifts and college funds
Some parents want their will to do more than just pass assets to kids. This example of a last will and testament template for parents shows how to mix family planning with charitable giving and college planning.
Example clause – charitable bequest
“I, Daniel Carter, a resident of Fulton County, Georgia, declare this to be my Last Will and Testament. I direct that ten percent (10%) of my estate be given to the American Red Cross, or its successor organization.”Example clause – college-focused gifts
“I leave the remainder of my estate in equal shares to my children, Emma and Lucas. Their shares shall be held in trust until each child reaches age 23, with the trustee authorized to use funds earlier for tuition, books, and reasonable living expenses while enrolled in a college, university, or vocational program.”
Examples like this are helpful for parents who want their will to reflect their values around education and charity, not just basic asset transfer.
How to use these examples of last will and testament templates for parents
Seeing examples is helpful, but copying them word-for-word without context can backfire. Laws differ by state, and your family’s situation is specific.
Here’s how to use these examples of last will and testament templates for parents wisely:
- Treat them as a starting point, not a final document.
- Note the phrases you like: “held in trust until age 25,” “guardian of the person,” “residue and remainder,” and so on.
- Make a list of your decisions: who gets what, who raises your kids, who handles money, and who steps in if your first choice can’t.
- Then plug those decisions into a reputable template or bring them to an attorney.
The American Bar Association has a helpful overview of wills and estate planning basics here: https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/
Key sections most examples of last will and testament templates for parents include
If you look closely, the best examples of last will and testament templates for parents tend to repeat the same building blocks, just arranged to fit each family.
Introductory section
This is where you state your name, where you live, and that this is your last will. Parents often also mention their marital status and children here, as in the examples above.
Executor appointment
The executor (sometimes called a personal representative) is the person who carries out your will. Many parents choose a spouse, sibling, or close friend. Language might look like:
“I appoint my spouse, David Lopez, as Executor of this Will. If David is unable or unwilling to serve, I appoint my brother, Miguel Lopez, as alternate Executor.”
Guardians for minor children
Almost all examples of last will and testament templates for parents include a guardianship section. This is where you name who will raise your kids if both parents are gone. It’s also where you can add any nonbinding guidance about schooling, religion, or location.
Gifts and property distribution
This can be very simple (everything to spouse, then to kids) or very detailed (specific items to specific people, percentages to charities, etc.). Parents with minor children often route assets into a trust instead of giving them directly to kids.
Trust or money management provisions
If your children are under 18—or even under 25—most parents prefer not to hand them a lump sum outright. Instead, they:
- Create a trust in the will (a “testamentary trust”) and name a trustee.
- Specify ages or milestones for distributions.
- Allow the trustee to use money for health, education, and support.
The Consumer Financial Protection Bureau explains what it means to manage money for someone else, which is similar to what trustees and guardians do.
Signatures and witnesses
Every state has its own rules about how many witnesses you need and whether they can be people who inherit from you. Some states recognize “self-proving affidavits” that make probate smoother. Your state’s court or bar association website is a good place to check requirements.
2024–2025 trends affecting parents’ wills and templates
Parents writing wills in 2024–2025 are dealing with a few newer realities that older examples don’t always cover:
Digital assets
More examples of last will and testament templates for parents now mention digital assets—online bank accounts, social media, cloud storage, even loyalty points. Parents are starting to:
- Name a “digital executor” or give the main executor authority to access digital accounts.
- Keep a separate, secure list of passwords (not inside the will, which can become public).
The Federal Trade Commission has a guide on protecting your digital identity and accounts: https://www.ftc.gov/business-guidance/resources/protecting-personal-information-guide-business
Remote and online notarization
Several U.S. states now allow remote online notarization for some documents. While wills still often require in-person witnesses, related documents like powers of attorney are increasingly handled online. Check your state’s official court or secretary of state website for current rules.
Blended and nontraditional families
As more families involve stepchildren, unmarried partners, or co-parenting arrangements, the best examples of last will and testament templates for parents now:
- Define who is considered a “child” under the will.
- Address stepchildren explicitly, either including or excluding them.
- Clarify what happens if an ex-spouse is still listed in older documents.
Rising use of online templates—with lawyer review
Parents are increasingly using online templates or document builders as a first draft, then paying a local attorney for a short review. It’s a middle ground between DIY and full custom drafting.
When a simple template is fine vs. when you need more help
Templates and examples of last will and testament templates for parents work best when:
- You have a relatively small, straightforward estate.
- You and your co-parent agree on guardians and money decisions.
- You’re leaving everything to a spouse, then to kids, with no unusual conditions.
Consider talking to a lawyer if:
- You have a blended family or want to treat children differently.
- You own a business, multiple properties, or assets in multiple states or countries.
- You have a child with special needs or a long-term medical condition.
- You expect family conflict or challenges to your will.
Many state bar associations offer lawyer referral services and modest-means programs. You can usually find them by searching for your state name plus “bar association estate planning.”
FAQ about examples of last will and testament templates for parents
Q: Where can I see more examples of last will and testament templates for parents?
Many state court systems and bar associations publish sample forms or guides. For instance, some states provide basic will forms on their judiciary or legal aid websites. Search for your state name plus “simple will form” or “self-proving will form,” and look for .gov or .org domains.
Q: Can I use one example of a last will and testament template for parents for both me and my spouse?
Some states allow “joint” or “mirror” wills, but many attorneys prefer separate wills for each spouse that say similar things. That way, each parent has a clear, individual document, and changes can be made independently if needed.
Q: Are online examples of last will and testament templates for parents legally valid in every state?
No. The ideas and language can be useful everywhere, but validity depends on your state’s signing and witnessing rules, and sometimes on specific wording. Always adapt any example to your state’s requirements.
Q: Can I write my will by hand using these examples?
Some states recognize handwritten (holographic) wills, but others do not, or they impose extra conditions. Even in states where handwritten wills are allowed, courts may scrutinize them more closely. It’s usually better to type your will, print it, and sign with proper witnesses.
Q: What’s a simple example of a guardianship clause for parents?
A very basic example of a guardianship clause might say:
“If at my death any of my children are under the age of 18 and their other parent is not able or willing to care for them, I nominate my sister, Ana Perez, as guardian of their person. If Ana is unable or unwilling to serve, I nominate Jason Kim as alternate guardian.”
You can expand this with more detail about your wishes, but even this kind of plain language is much better than leaving the court to guess.
Q: How often should parents update their will?
Many estate planners suggest reviewing your will every few years, or after major life events: a new child, divorce, marriage, a big move, or a significant change in assets. If your kids are now adults, or your named guardian has moved or had health issues, it’s time for another look.
If you use these examples of last will and testament templates for parents as a guide, then adapt them to your family and your state’s rules, you’ll be far ahead of most people who keep putting their will off. The hardest part is starting; once you see real examples, the rest becomes a series of clear, manageable decisions.
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