• A last will and testament must generally be in writing.Hand and document at the meeting image by Dmitry Goygel-Sokol from Fotolia.com
  
  A last will and testament, commonly known as a will, is a legal document through which a person expresses his desires about how to distribute his property after death. All states allow people to use last wills and testaments though the exact details and requirements can differ broadly by state.
  
  

Basic Requirements

• All states have their own laws governing wills but some general provisions apply in all states. The person making the will, called the testator, must be of sound mind and be either 18-years-old, an emancipated minor or meet the minimum age required by the state. All wills, unless specific exceptions apply, must be made in writing, signed by the testator and witnessed by two competent adults. The testator does not need to write or even sign the will himself. If he is not capable of signing, he can direct someone else to do so on his behalf or have someone else prepare the will and sign it, or both.
  
  

Holographic Wills

• Typically, a will is written down, either by the testator or someone else, and signed in the presence of witnesses. However, some states allow testators to draft their own wills, in their own handwriting, without requiring witnesses to sign or even be present.
  
  For example, Nevada Revised Statutes 133.090 allows holographic wills as long as the testator makes it in her own handwriting and signs and dates it. Anyone capable of making a will can make a holographic will and can use it to dispose of any personal or real property after their death.
  
  

Oral Wills

• Some states also recognize oral wills. Also known as nuncupative wills, these can typically only be used in specific circumstances. In states that do recognize oral wills, many do so in the case of a "last illness," when the person is near death. However, the testator must still be of sound mind and any illness preventing them from making knowing choices can compromise the will's validity.
  
  Kansas Statutes Annotated 59-608 allows an oral will, but only when people are on their last illness. The testator can only dispose of personal property and must do so in the presence of two competent witnesses. The testator's wishes must be reduced to writing by one or both of those witnesses within 30 days.