Do you need a will? For years I put off actually writing one. I knew I should have a will, but it always felt like a project for “later.” Then I started digging into what actually happens if you don’t have one, and realized later isn’t really a safe bet for anyone. A will is one of the simplest, least expensive pieces of estate planning. It’s also the piece almost everyone needs, whether or not you also need a trust.
Quick answer: A will is a legal document that says who gets your property when you die and, if you have minor children, who takes care of them. Without one, state law decides both of those things for you — not necessarily the way you’d choose. Wills are inexpensive to create — often $150-$500 through an online service, more through an attorney for complex situations. Almost everyone benefits from having one, regardless of how much you own.
So, Do You Need a Will? Here’s What It Actually Does
A will is a legal document that spells out three main things: who inherits your property, and who’s in charge of carrying that out (your executor). If you have minor children, it also says who would raise them if something happened to you. It only takes effect after you die. And it only covers property without its own transfer method already in place. Common exceptions: a jointly-owned home, or a retirement account with a named beneficiary. For the government’s own plain-language overview, USA.gov’s wills and estate planning page is a good starting reference.
A will does not avoid probate — the court process that validates a will and oversees distributing an estate. If having your estate move outside of probate matters to you, that’s more of a trust’s job. I cover that separately in my trusts basics guide.
What Happens If You Die Without One
If you die without a will, it’s called dying “intestate,” and your state’s default inheritance laws take over completely. Every state has its own formula, but the general pattern is that your spouse and children inherit first, in shares set by state law. That split isn’t necessarily even, and it isn’t necessarily what you’d have chosen. If you’re unmarried with no children, the law works through a fixed list of relatives. That can mean an estranged family member inherits before a close friend or unmarried partner, who would get nothing.
Intestate succession also doesn’t let you leave anything to a charity or a friend. The same goes for a stepchild you never legally adopted, or anyone else outside that fixed legal list. And if you have minor children, a court — not you — decides who raises them. That decision depends on whoever petitions and what the court considers to be in the child’s best interest.
The Key Parts of a Will
Executor. The person you name to carry out the will’s instructions. That means paying final debts, filing the will with the court, and distributing property to your beneficiaries.
Beneficiaries. The people or organizations who inherit your property, and what share each one gets.
Guardianship designation. If you have minor children, who you want to raise them. This is arguably the single most important reason parents of young kids need a will, even more than the property side.
Specific bequests. Any particular items you want to go to a particular person, rather than a general share of everything. A piece of jewelry to a grandchild, for example.
Residuary clause. A catch-all that says what happens to anything not specifically mentioned elsewhere in the will, so nothing gets left in limbo.
DIY, Online Service, or Attorney?
For a lot of people with a straightforward family situation, an online will-making service is a reasonable middle ground. It sits between a free DIY template and paying an attorney’s hourly rate. [AFFILIATE PLACEHOLDER: link to Trust & Will’s will-creation service once approved] is one of the better-known options. It’s built specifically around making wills and trusts approachable, without needing a law degree to understand the process. [AFFILIATE PLACEHOLDER: link to Nolo’s WillMaker software once approved] is another well-established option worth comparing, built by the legal publisher Nolo.
Where I’d still recommend talking to an actual estate attorney instead: if you own a business, or have a blended family with a complicated custody or inheritance situation. Also worth an attorney’s input: owning property in multiple states, or having an estate large enough that estate tax planning becomes relevant. Online services work well for common, straightforward situations — not for genuinely complicated ones.
When to Update Your Will
A will isn’t a one-and-done document. Worth revisiting yours after a few common triggers: a marriage or divorce, or the birth or adoption of a child or grandchild. Also worth a look: the death of a beneficiary or executor you named. Also worth a review: a major move to a different state (inheritance and probate rules vary by state), or a significant change in what you own. Even without a specific trigger, it’s worth reviewing every few years just to make sure it still reflects what you actually want.
Frequently Asked Questions
Do I need a will if I don’t own much?
Yes. A will isn’t just about property — it’s also how you name a guardian for minor children and name an executor to handle even a modest estate. Not having significant assets doesn’t remove the need.
Is a handwritten will valid?
Sometimes, depending on your state — these are called holographic wills, and the rules on whether states recognize them vary widely. It’s risky to rely on one rather than a properly witnessed, formally executed will.
Does my spouse automatically inherit everything if I die without a will?
Not necessarily. Depending on your state and whether you have children, a surviving spouse’s share under intestate succession can be less than 100%. The remainder goes to children or other relatives.
Can I write my own will without an attorney?
Yes, for straightforward situations, using either a template or an online service. Each state has its own requirements for a will to be valid, typically including witnesses. Make sure whatever method you use follows your state’s specific rules.
Do I need a new will if I move to a different state?
Not always required, but worth reviewing. Most valid wills remain valid across state lines. But state-specific rules around witnesses, probate, and spousal inheritance rights can differ enough that it’s worth a review after a move.
Where to Go From Here
A will is usually the starting point, not the whole picture. If you’re wondering whether you also need a trust, I cover that separately. See when a trust actually makes sense versus just a will in my trusts basics guide. For the fuller picture of everything that goes into a complete plan, including power of attorney and healthcare directives, see my estate planning checklist.
So, do you need a will? For almost everyone, yes. As always — I’m not an attorney, just someone working through these decisions myself and sharing what I learn. Estate planning rules vary significantly by state, so it’s worth a conversation with a licensed estate planning attorney for anything beyond a straightforward situation.