One of the most common estate planning documents is the Last Will and Testament. This document is designed to accomplish a number of things as part of the overall estate plan. Every State has a State statute in place that governs what happens to someone’s property when they pass away. These are referred to as State intestacy statutes. In most States, the surviving spouses and children are some of the first people to receive property and there is an entire set statutory framework for the remaining descendants. The problem is, many people would like to control what happens to their property and not defer to this State hierarchy. That’s where the last will and testament comes in. Intestacy statutes will not apply where there is a valid will in place to be probated. Again, depending on State law, a valid will usually includes capacity, witness requirements, whether or not the will has to be in writing or not, and other nuances depending on the jurisdiction. It is very important that you seek the assistance of a local estate planning lawyer to draft your will so that you can be sure these legal requirements are met.