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Can teenagers write a will?

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| 4 min. read

When we think of writing a will, we often imagine older adults preparing for the inevitable. But in today’s world, where teenagers can enlist in the military at 17, get married, have kids, and even make millions on social media before they’re old enough to vote, the question arises: Can teenagers protect their families legacy by writing a will?

Can teenagers write a will?

When we think of writing a will, we often imagine older adults preparing for the inevitable. But in today’s world, where teenagers can enlist in the military at 17, get married, have kids, and even make millions on social media before they’re old enough to vote, the question arises: Can teenagers protect their families legacy by writing a will?

Considering some of these young (pre?) Adults are making serious life decisions that shape their future. It would only be fair if they are legally permitted to protect that future for them and their families with a state specific will. Whether it’s protecting their hard-earned assets or simply having a say in their legacy, more young people are asking about estate planning. One unknown fact is that the vast majority of Americans regardless of age never actually get around to writing their will. But with more control over one’s legacy than ever before, knowing when and how to start is key. So, can teenagers really create a will, and what are the legal boundaries? Let’s find out.

Legal age requirement for creating a will


In today’s day and age of the internet one does not need an attorney to create a will, in fact this process is tried and tested through time and at wills.com we have built a toolset that enables anyone to build a state specific legal will as per your states legal requirements and specific wishes. Because making a will does not have to be difficult or expensive. While estate planning is typically done by adults, the need to create a will can arise at any age and wills.com makes it easy, affordable and quick.

Whether due to owning assets, having specific wishes, or facing unique circumstances, teenagers may want to explore how they can legally document their intentions. This article will delve into the legal requirements, potential challenges, and the importance of empowering teenagers with knowledge about estate planning. At the bottom of this article we have gone and put together a comprehensive master table specifying exactly what the legalities are in each state so if you are curious scroll down to the table and find the information you’re looking for there.

The lowest age requirement for creating a will.

The State where the youngest Americans are allowed to create their will in the United States of America is Georgia under Code § 53-4-10. where the legal age to create a will is 14 years of age. Followed by Louisiana where minors at the age of 16 can create a Last Will and testament. While in the great state of Texas technically anyone that is married or a member of the U.S. armed forces can create a last will and testament. This also applies to minors that are married in the state of South Dakota where by law they may write a will either online or with a Will Attorney.

If you’re a minor and questioning whether creating a will makes sense for you, it might be best to consult a local estate planning attorney. While laws often require individuals to be at least 18 to write a will, there are some interesting cases where courts have upheld wills created under exceptional circumstances. For example, holographic wills—handwritten, often unwitnessed documents—are sometimes accepted by courts. In cases like Berger v. Estate of Berger, the will was upheld because the court found strong evidence of intent, even though it didn’t meet all formal requirements. In Texas, minors who are married or in the military are legally allowed to write wills that will be honored, according to the Texas Estates Code. In other instances, courts have made rulings that focus on the clear intent of the testator. For example, the Marley v. Rawlings case, where a mistake in signing was corrected, shows that the court’s priority was making sure the will reflected the testator’s wishes. These examples show that even if you’re not yet 18, there may still be valid reasons to prepare a will, and legal guidance can ensure it’s done correctly.

The legal age for writing a will varies significantly depending on where you live. Some states, like Georgia, allow individuals as young as 14 to create a will, while others require you to be 18 or older. If you’re curious about the specific laws in your state, we’ve compiled a detailed table that breaks down the minimum age requirements across the country. Whether you’re exploring options through online will services or planning to consult with an attorney, this guide will help you navigate the legal landscape of will creation and ensure your estate planning aligns with state laws. Scroll down to find out when and how you can legally secure your legacy.


Master table - Minimum Age Requirements for Creating a Will in Every State | Online Wills, Last Will & Testament Guide.


Find the minimum age requirements for writing a will in all U.S. states. This comprehensive guide helps you understand when you can legally create a will, along with tips on using online will templates, finding a will attorney, and making a simple will.


 
StateMinimum Age RequirementConditionReference
Alabama18 years or olderMinors who are marriedAlabama Code § 43-8-130
Alaska18 years or olderEmancipated minor Alaska Stat. § 13.12.501
Arizona18 years or olderEmancipated minorArizona Revised Statutes § 14-2501
Arkansas18 years or olderMinors who are married or emancipatedArkansas Code § 28-25-101
California18 years or olderEmancipated minorCalifornia Probate Code § 6100
Colorado18 years or olderEmancipated minorColorado Revised Statutes § 15-11-501
Connecticut18 years or olderNoneConnecticut General Statutes § 45a-251
Delaware18 years or olderEmancipated minorDelaware Code § 12-201
District of Columbia18 years or olderMinors who are married or in active military serviceD.C. Code § 18-102
Florida18 years or olderEmancipated minorFlorida Statutes § 732.501
Georgia14 years or olderNoneGeorgia Code § 53-4-10  
Hawaii18 years or olderEmancipated minorHawaii Revised Statutes § 560:2-501
Idaho18 years or olderEmancipated minorIdaho Code § 15-2-501
Illinois18 years or olderNoneIllinois Compiled Statutes § 755 ILCS 5/4-1
Indiana18 years or olderNoneIndiana Code § 29-1-5-1
Iowa18 years or olderNoneIowa Code § 633.264
Kansas18 years or olderNoneKansas Statutes § 59-606
Kentucky18 years or olderMinors who are married or emancipatedKentucky Revised Statutes § 394.020
Louisiana16 years or olderOnly for personal property dispositionLouisiana Civil Code Art. 1577
Maine18 years or olderEmancipated minorMaine Revised Statutes Title 18-C, § 2-501
Maryland18 years or olderMinors who are marriedMaryland Code, Estates and Trusts § 4-101
Massachusetts18 years or olderNoneMassachusetts General Laws Chapter 190B § 2-501
Michigan18 years or olderMinors who are marriedMichigan Compiled Laws § 700.2501
Minnesota18 years or olderNoneMinnesota Statutes § 524.2-501
Mississippi18 years or olderMinors who are marriedMississippi Code § 91-5-1
Missouri18 years or olderEmancipated minorMissouri Revised Statutes § 474.310
Montana18 years or olderEmancipated minorMontana Code Annotated § 72-2-521
Nebraska18 years or olderNoneNebraska Revised Statutes § 30-2326
Nevada18 years or olderEmancipated minorNevada Revised Statutes § 133.020
New Hampshire18 years or olderNoneNew Hampshire Revised Statutes § 551:1
New Jersey18 years or olderMinors who are marriedNew Jersey Statutes § 3B:3-1
New Mexico18 years or olderNoneNew Mexico Statutes § 45-2-501
New York18 years or olderNoneNew York Estates, Powers, and Trusts Law § 3-1.1
North Carolina18 years or olderEmancipated minorNorth Carolina General Statutes § 31-1
North Dakota18 years or olderEmancipated minorNorth Dakota Century Code § 30.1-08-01
Ohio18 years or olderNoneOhio Revised Code § 2107.02
Oklahoma18 years or olderEmancipated minorOklahoma Statutes Title 84, § 41
Oregon18 years or olderNoneOregon Revised Statutes § 112.225
Pennsylvania18 years or olderNonePennsylvania Consolidated Statutes Title 20, § 2501
Rhode Island18 years or olderNoneRhode Island General Laws § 33-5-2
South Carolina18 years or olderNoneSouth Carolina Code § 62-2-501
South DakotaMarried minorsNoneSouth Dakota Codified Laws § 29A-2-501
Tennessee18 years or olderEmancipated minorTennessee Code § 32-1-102
TexasMarried minors, U.S. armed forces membersNoneTexas Estates Code § 251.001
Utah18 years or olderEmancipated minorUtah Code § 75-2-501
Vermont18 years or olderNoneVermont Statutes Title 14, § 1
Virginia18 years or olderEmancipated minorVirginia Code § 64.2-401
Washington18 years or olderEmancipated minorRevised Code of Washington § 11.12.010
West Virginia18 years or olderMinors who are marriedWest Virginia Code § 41-1-1
Wisconsin18 years or olderNoneWisconsin Statutes § 853.01
Wyoming18 years or olderEmancipated minorWyoming Statutes § 2-6-101



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