Do I need a will?
With kids, an unmarried partner or things you care about, write a will. It is how you name a guardian.
New to this?
A will is a signed document that says who gets your things when you die and who should raise your children. It names an executor, the person who settles your affairs. It only takes effect after death, and you can change it any time. Any adult of sound mind can make one.
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Myth
Wills are for rich people. I don't own enough to need one.
Truth
A will matters most for naming a guardian for your kids and protecting a partner you aren't married to. In the example, Rosa's will controls $25,000. Federal estate tax starts above $15,000,000.
Worth memorizing
- 1
Without a will, state law decides.
Each state has a set order, usually spouse, then children, then parents. An unmarried partner or a friend gets nothing.
- 2
A will is how you name a guardian.
If both parents die, a court appoints a guardian for minor children. Your will tells the court whom you chose.
- 3
Some things skip the will.
Life insurance, retirement accounts and jointly owned property go by beneficiary form or ownership, no matter what the will says.
If you have a child, I'd treat naming a guardian as the reason to write a will this month. The property part matters, but choosing who raises your kids is the decision you least want a court making for you.
Do this today
Write three names on paper: your executor, your guardian for any children, and a backup for each. Then list what you own in your name alone and check your state's signing rules before you draft the will.
Practice
1 of 3
Which of these does a will control?
A will controls property in your name alone without a beneficiary. Insurance, retirement plans and survivorship property pass outside it.
2 of 3
Jamie owns a $6,000 car, $4,000 in checking and a $50,000 life policy naming her son. How much does her will control?
$6,000 + $4,000 = $10,000. The $50,000 policy goes to her son by beneficiary form.
3 of 3
What happens to minor children if both parents die without a will?
Without a will naming a guardian, a court chooses one under state law, normally a close relative, who may not be the person you'd pick.
Tips
Follow your state's signing rules
States set their own rules for signing and witnesses. A will that isn't signed the right way may be thrown out, so check your state's requirements.
Name backups for every role
Pick a backup executor and a backup guardian, plus backup heirs, in case your first choices die before you or can't serve.
Add a power of attorney
A will works only after death. A financial power of attorney and a health care directive let someone act for you if you can't while alive.
Tell people where it is
Keep the signed original somewhere safe and tell your executor where to find it. A will no one can find can't help your family.
A worked example: what Rosa's will controls
Rosa, 31, is a single mom with a 4-year-old. She lists what she owns to see which assets her will would control and which pass by beneficiary form.
- Her will controls $9,000 + $3,000 + $8,000 + $5,000 = $25,000. Her 401(k) and life policy, $30,000 + $250,000 = $280,000, follow their beneficiary forms.
- She names her sister as guardian and her brother as backup. The will leaves everything to her daughter, managed by her sister until her daughter is grown.
- Her 401(k) and policy name her daughter directly, so a court may have to manage that money. She asks a lawyer about naming a trust or custodian instead.
- Car+$9,000
- Checking+$3,000
- Brokerage account, no TOD+$8,000
- Belongings+$5,000
- Controlled by the will=$25,000
- 401(k)$30,000
- Term life policy+$250,000
- Goes by beneficiary form=$280,000
Common mistakes
Thinking you're too young or too broke
Naming a guardian matters at any income. A simple will costs far less than the court process your family faces without one.
Signing it the wrong way
A will without the witnesses your state requires can be invalid. Follow your state's signing rules exactly, or have a lawyer supervise the signing.
Forgetting the beneficiary forms
Your will can't redirect life insurance or a 401(k). If the forms name someone else, they get the money, so line them up with your will.
Going deeper
You need a will if you have children, own anything you care about, or want someone other than your closest relatives to inherit. Without one, your state's law decides who gets your property and a court picks a guardian for your kids.
What a will controls
A will says who gets property in your name alone, who settles your estate as executor and who should raise your minor children. You can also state wishes for your funeral.
What a will doesn't control
Life insurance and retirement plans go to the named beneficiaries. Property held as joint tenants with right of survivorship goes to the other owner. Assets in a living trust follow the trust.
Dying without a will
Your property is divided under your state's intestacy law, the default order of heirs. Partners you aren't married to, friends and charities receive nothing. With no living relatives, it can go to the state.
Estate tax affects very few
Estates of people who die in 2026 owe no federal estate tax unless they are worth more than $15,000,000. Some states have their own estate or inheritance tax with lower limits.
Who needs a will
Parents of minor children need one most, because a will is how you name a guardian. If both parents die without one, a court picks a guardian under state law, normally a close relative, who may not be the person you would choose.
You also need one if you live with a partner you aren't married to, if you want to leave something to a friend or a charity, or if you own a car, a home, savings or things with sentimental value. Even a small estate is easier for your family to settle with a will than without one.
What happens if you die without a will
Dying without a will is called dying intestate. Your state's law then sets who inherits, usually your spouse first, then your children, then your parents, then siblings and other relatives. If you aren't married, your partner generally receives nothing.
The court also appoints someone to settle the estate, and that process can take longer and cost more than it would with a will. Each state's order of heirs is different, which is one more reason to decide for yourself.
What goes in a will
Name your executor and a backup. That person files the will with the probate court, the court that oversees estates, pays debts and taxes from the estate and hands out what is left. Your debts are paid from your estate first, and family members generally don't owe them from their own money.
Then say who gets what. You can leave everything to one person or divide it. Name backup heirs in case someone dies before you. If you have children, name a guardian and a backup guardian, and decide who will manage any money left to them until they are adults.
How to make a will
Any adult 18 or older and of sound mind can make a will. You can hire an estate lawyer, use a legal aid office if you qualify, or use a do-it-yourself form or online service. A lawyer is worth it if you have a blended family, a business, property in more than one state or a child with special needs.
To be valid, a will must be signed the way your state requires, usually in front of two witnesses, and some states let you add a notarized statement that makes probate easier. If you are in the military, a base legal office may prepare one for free.
Keeping it up to date
A will stays valid until you change or revoke it. Review it after a marriage, a divorce, a new child, a move to another state or a big change in what you own. Never write changes on the signed copy. Make a new will or sign a formal amendment, called a codicil.
Check your beneficiary forms at the same time, since they control your largest accounts. A will and beneficiary forms that point to different people can leave your family with a conflict.
Questions people ask
Can I write my own will?
Yes, in every state, as long as it is signed the way your state requires. Some states accept a handwritten will without witnesses, and many don't. A do-it-yourself form works for simple situations. Get a lawyer for complicated ones.
Does a will avoid probate?
No. A will goes through probate, the court process for settling an estate. Beneficiary forms, payable on death accounts, joint ownership and living trusts are the main ways to pass property outside probate.
What is the difference between a will and a trust?
A will takes effect at death and goes through probate. A living trust holds property while you are alive and passes it to your heirs without probate. Trusts cost more to set up and only control what you put in them.
Do I need a will if I'm married?
Usually yes. Without one, many states split your property between your spouse and your children or parents, not all to your spouse. A will also names a guardian and an executor.
Where should I keep my will?
Keep the signed original in a fireproof place at home, with your lawyer or with your probate court if your state offers storage. Tell your executor where it is.
Printable worksheet with answer key, free for classrooms. Lesson plan for this unit.
Sources
- U.S. Navy JAG: Wills and basic estate planning
- North Carolina State Bar: Your last will and testament
- IRS: Tax inflation adjustments for tax year 2026 (estate tax exclusion)
- IRS: Estate tax
- CFPB: Does a person's debt go away when they die?
- CFPB: What is a fiduciary?
Updated October 4, 2026. General education, not personalized financial, tax or legal advice. Figures are examples. Check current rates and limits before you act.
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