What you get
- An editable Word document, drafted from your answers and the state's official text.
- A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
- Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
What the intake asks
Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.
The person and the family
- Testator's full legal name
- City or county where the testator lives
- Marital status
- Spouse's or partner's full name
- Is there a prenuptial or marital agreement
- Was the testator married before
- Prior marriage details
- and 3 more
Who is in charge
- Executor (personal representative)
- Alternate executor
- Where does the executor live
- Waive the executor's bond
- Additional fiduciary succession and compensation terms
- Guardian of the person of minor children
- Alternate guardian
- and 1 more
Gifts
- Specific gifts of money or personal property
- Gifts of real estate
- Who receives personal and household items not specifically given away
- Refer to a separate written list for personal items
The rest of the estate
- Who receives the rest of the estate
- Describe who receives the rest
- Existing trust, trustee and fallback instructions
- If a beneficiary dies first, their share goes to
- If no named beneficiary survives, who takes everything
- Any beneficiary receiving needs-based benefits or needing special planning
- Other estate-planning facts
- and 7 more
Tax and authority
- Does anyone outside the immediate family receive a gift
- Assets that pass outside the will
- How long must a beneficiary survive the client (days)
- Who bears estate or inheritance tax
- Tax allocation details and assets outside the will
- Loans secured by a gifted asset
- Give the executor authority over digital assets and online accounts
- and 1 more
Signing and final wishes
- Include a no-contest clause
- Include a self-proving affidavit
- Burial, cremation or funeral wishes
- Anything else the will should say
Where it is offered
Every state Lawsmith has official sources for:
CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia
Official sources on file
The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.
| State | Sources for this document |
|---|---|
| California | 41 |
| Connecticut | 39 |
| Delaware | 49 |
| District of Columbia | 26 |
| Florida | 40 |
| Maryland | 40 |
| Massachusetts | 38 |
| New Jersey | 37 |
| New York | 32 |
| Ohio | 37 |
| Pennsylvania | 48 |
| Texas | 45 |
| Virginia | 36 |
Among them, for New Jersey:
- N.J.S.A. 3B:3-1 Individuals competent to make a will and appoint a testamentary guardian.
- N.J.S.A. 3B:3-2 Execution; witnessed wills; writings intended as wills.
- N.J.S.A. 3B:3-3 Writings intended as wills.
- N.J.S.A. 3B:3-4 Making will self-proved at time of execution.
- N.J.S.A. 3B:3-5 Making will self-proved subsequent to time of execution.
How the draft is checked
Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked
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