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# Who Is the Testator? Confirming Who Makes a Will
- URL: https://dandelion.ghost.io/resources/testator-who-makes-will/
- Published: 2026-10-14T14:18:50.000Z
- Updated: 2026-10-14T14:18:50.000Z
- Description: The testator is the person who makes a will and whose wishes it records. In most states they must be at least 18 and of sound mind when signing, and the will should identify them by full legal name and residence.
- Author: Sam Dalton
- Tags: wills, estate-planning

The testator is the person who makes a will and whose wishes it records. In most US states, a testator has to be at least 18 and of sound mind when signing. The will should name them clearly, by full legal name and place of residence, so a court and the family can match the document to the right person.

## What is a testator?

A testator is the person whose will it is. They choose who inherits their property, who serves as executor, and who would care for any minor children. An executor is the person named to carry out the will. Older documents sometimes use "testatrix" for a woman, but most states now use "testator" for everyone.

A will records one person's wishes. It takes effect only after the person who made it dies. Until then, the testator can change it or cancel it, as long as they still have the mental capacity to do so.

## Who can make a will?

In most states, anyone who is an adult and of sound mind can make a will. Some state statutes say it plainly:

- **California:** Probate Code § 6100 says an individual who is 18 or older and of sound mind may make a will.
- **New York:** Estates, Powers and Trusts Law § 3-1.1 says every person 18 or older who is "of sound mind and memory" may dispose of property by will.
- **Washington:** RCW 11.12.010 gives the same power to any person of sound mind who has reached 18.

**Testamentary capacity** is the legal name for having a sound enough mind to make a will. The bar is lower than most people expect. California Probate Code § 6100.5 describes what the testator needs to understand:

- what making a will means
- the nature and situation of their own property
- their relationships to their spouse, children and other descendants, parents, and anyone else the will affects

Capacity is judged at the moment the will is signed. A diagnosis, older age, or a hard day earlier in the month doesn't by itself mean a person can't make a valid will. The will also has to reflect the testator's own choices. **Undue influence** is pressure from someone else strong enough to replace the testator's wishes with theirs, and it's one of the most common grounds for challenging a will.

## Why does confirming the testator matter?

Every other part of a will depends on knowing exactly whose wishes it records. Confirming the testator's details at the start helps in practical ways:

- **Matching property to the person.** Bank accounts, deeds, and vehicle titles may list a middle name, a maiden name, or a former married name. A will that identifies the testator clearly, including any other names they've used, helps the executor connect those records.
- **Knowing which state's rules apply.** A will usually states where the testator lives. **Domicile** is the state a person treats as their permanent home. It generally decides which state's law governs the will and where probate happens. **Probate** is the court process that confirms a will and oversees how property is transferred.
- **Setting the family picture.** Wills often name the testator's spouse and children. If someone is left out or described wrong, questions can come up later about whether that was intentional.

## What information does a will include?

A will usually begins with the testator's identity and then sets out their decisions. The common parts are:

1. **Identification.** The testator's full legal name, and often their city, county, and state of residence.
2. **Declaration.** A statement that this document is their will and that it revokes any earlier wills.
3. **Family.** The names of the testator's spouse and children, if any.
4. **Executor.** The person named to carry out the will, often with a backup.
5. **Guardian.** The person named to raise any minor children, if needed.
6. **Distribution.** Who inherits what, and who inherits next if a first choice can't.
7. **Signing.** The testator's signature and the date, plus witnesses as state law requires.

Most wills don't need a Social Security number, account numbers, or passwords. Those details usually belong in a separate, secure record that the executor can reach.

## Can a couple make one will together?

Usually not. Each person typically signs their own will, even when two spouses' wills mirror each other.

A **joint will** is a single document signed by two people. Some courts have treated joint wills as binding contracts that the surviving spouse can't change later. That's one reason separate wills are the common approach. Whether a joint will makes sense depends on state law and the couple's goals, and an attorney licensed in the state can explain the tradeoffs.

## Can I update it later?

Yes. A testator can change or revoke a will at any time while they still have capacity. The two usual ways are:

| Method       | What it is                                                                          | When it's commonly used                                     |
| ------------ | ----------------------------------------------------------------------------------- | ----------------------------------------------------------- |
| **Codicil**  | A written amendment to an existing will, signed with the same formalities as a will | Small changes, like swapping an executor                    |
| **New will** | A complete replacement that states it revokes earlier wills                         | Larger changes, or when several codicils would be confusing |

California Probate Code § 6120 says a will can be revoked in two ways. One is a later will that cancels it. The other is physically destroying it (burning, tearing, canceling, or obliterating it) with the intent to revoke. Handwritten notes or cross-outs on a signed, typed will may not count as valid changes. In some cases they can even cause confusion about whether part of the will was revoked.

Some life events also change how an existing will works. In many states, a divorce automatically cancels gifts to a former spouse and their appointment as executor, unless the will says otherwise. California Probate Code § 6122 and New York EPTL § 5-1.4 both work this way. A marriage, a new child, a name change, or a move to another state are common reasons people review the testator details and the rest of their will.

## How this varies by state

The core idea is the same everywhere: an adult of sound mind, acting freely. The details differ.

- **Minimum age.** Most states use 18\. Georgia lets people as young as 14 make a will, and some states make exceptions for minors who are married or serving in the military.
- **Handwritten wills.** California recognizes a **holographic will**, which is one whose signature and key terms are in the testator's own handwriting, with no witnesses needed. New York allows them only in narrow circumstances, such as for members of the armed forces during conflict.
- **Moving between states.** California generally accepts a will that was validly signed under the law of the place where it was signed or where the testator lived. Other states have similar rules, but how a will is read and how property is divided can still follow the new state's law.

Questions about capacity, an out-of-state will, or an unusual family situation depend on the specific facts. An attorney licensed in the relevant state can explain how the rules apply.

## How do I confirm the testator details in practice?

Confirming the testator usually means checking a few facts before anything else:

1. Use the full legal name as it appears on a government ID.
2. List other names used on property records, such as a maiden name or former married name.
3. Confirm the state and county of permanent residence.
4. Confirm current marital status and the names of any children.
5. Check that the will is for one person only.

In Dandelion, a will starts with this step. Dandie, Dandelion's guide, asks the person to review who is making the will and then moves through the rest of the plan one decision at a time. Dandelion helps people prepare a will in California, Colorado, New York, and Washington. It doesn't provide legal advice.

## Common questions

**Can someone with a power of attorney make a will for another person?**  
Generally, no. Making a will is a personal act, and an agent under a financial power of attorney can't sign one for the principal. The CFPB's guide for agents also says agents should avoid changing the principal's plans for giving away property. A power of attorney ends at the principal's death, and from then on the will and the executor take over.

**Can a person under a conservatorship make a will?**  
Sometimes. A conservatorship doesn't automatically mean a person lacks testamentary capacity. In California, a court can also authorize a conservator to make a will for the person under Probate Code § 6100(b).

**What happens if a person's name changes after signing?**  
A will doesn't usually become invalid because of a name change, especially if the original document identified the person clearly. Many people update their will or add a codicil so their records stay consistent.

**Does a will need to be notarized?**  
In most states, a will needs witnesses, not a notary. A notary is often used for a **self-proving affidavit**, a sworn statement attached to the will that can make probate smoother. Requirements vary by state.

## Sources

- California Probate Code § 6100: [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=PROB&sectionNum=6100](https://leginfo.legislature.ca.gov/faces/codes%5FdisplaySection.xhtml?lawCode=PROB§ionNum=6100&ref=dandelion.ghost.io)
- California Probate Code § 6100.5: [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=PROB&sectionNum=6100.5](https://leginfo.legislature.ca.gov/faces/codes%5FdisplaySection.xhtml?lawCode=PROB§ionNum=6100.5&ref=dandelion.ghost.io)
- California Probate Code § 6120: [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=PROB&sectionNum=6120](https://leginfo.legislature.ca.gov/faces/codes%5FdisplaySection.xhtml?lawCode=PROB§ionNum=6120&ref=dandelion.ghost.io)
- California Probate Code § 6122: [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=PROB&sectionNum=6122](https://leginfo.legislature.ca.gov/faces/codes%5FdisplaySection.xhtml?lawCode=PROB§ionNum=6122&ref=dandelion.ghost.io)
- New York EPTL § 3-1.1: [https://www.nysenate.gov/legislation/laws/EPT/3-1.1](https://www.nysenate.gov/legislation/laws/EPT/3-1.1?ref=dandelion.ghost.io)
- New York EPTL § 5-1.4: [https://www.nysenate.gov/legislation/laws/EPT/5-1.4](https://www.nysenate.gov/legislation/laws/EPT/5-1.4?ref=dandelion.ghost.io)
- Washington RCW 11.12.010: [https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.010](https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.010&ref=dandelion.ghost.io)
- CFPB, Managing Someone Else's Money: Help for agents under a power of attorney: [https://files.consumerfinance.gov/f/documents/cfpb\_msem\_national\_agents\_guide.pdf](https://files.consumerfinance.gov/f/documents/cfpb%5Fmsem%5Fnational%5Fagents%5Fguide.pdf?ref=dandelion.ghost.io)