A will is a legal document that says what should happen to certain property after you die. It can also name someone to handle your estate and, in many cases, name a guardian for minor children.
The rules for wills depend on state law. This guide is general education, not legal advice.
What A Will Can Do
A will may let you:
- Name who should receive property, including specific items like jewelry, a car, or a home
- Name an executor or personal representative to manage the process
- Name a guardian for minor children (often the most important reason for young parents)
- Give instructions for personal items that have sentimental but not necessarily financial value
- Express preferences for burial or cremation, though these may not be legally binding in every state
- Create certain trusts, depending on the will and state law
The person who manages the estate is often called an executor, personal representative, or administrator, depending on the state. They gather assets, pay debts and taxes, and distribute what remains. Choose someone trustworthy, organized, and willing to take on the role. It’s more work than most people expect.
What A Will Usually Does Not Control
Some assets may pass outside a will. Examples can include:
- Accounts with beneficiary designations (like bank accounts with a payable-on-death designation)
- Life insurance with named beneficiaries
- Retirement accounts such as a 401(k) or IRA with named beneficiaries
- Jointly owned property with survivorship rights (common with spouses)
- Assets in a trust
Beneficiary forms matter a lot. If your will says one thing but a beneficiary designation says another, the beneficiary designation wins for that account. Reviewing those forms regularly is just as important as having a will in the first place. See What Documents Should Adults Keep Safe? for tips on organizing these records.
What Happens If You Die Without A Will?
Dying without a will is called dying intestate. State law then decides who gets property that doesn’t otherwise pass by beneficiary designation, joint ownership, or trust.
State intestacy laws generally prioritize spouses and children, then parents, then siblings. If you’re unmarried, your partner may get nothing under state default rules, even if you lived together for years. An unmarried partner, a close friend, or a favorite charity would inherit nothing without a will or beneficiary designation that names them.
The outcome may not match what you would have chosen. It can also make the process harder and more expensive for family members, since there’s no clear document to guide decisions. To learn more about what happens next, see What Is Probate?
What Is Probate?
Probate is a court process for handling certain parts of an estate after someone dies. It can involve proving a will is valid, appointing someone to manage the estate, paying debts, and distributing property.
Not every asset goes through probate. State law and how assets are titled both matter. A will doesn’t avoid probate on its own, it just gives the court clear instructions to follow.
Will vs. Trust: A Quick Comparison
Both wills and trusts are estate planning tools, but they work differently.
| Feature | Will | Revocable Living Trust |
|---|---|---|
| Takes effect | After death | During your lifetime and after death |
| Goes through probate | Usually yes | Usually no |
| Becomes public record | Often yes | Usually no |
| Can include a guardian for children | Yes | No (need a will for this) |
| Cost to set up | Generally lower | Generally higher |
| Works across multiple states | May need review | Often simpler |
Many people use both, a trust to handle assets and avoid probate, plus a “pour-over” will to catch anything not transferred to the trust. See What Is A Living Trust? for a fuller comparison. An estate planning lawyer can help you figure out what combination makes sense.
Keep It Updated
Review estate documents after major life events:
- Marriage or divorce
- Birth or adoption of a child
- Buying a home — home equity often becomes one of your largest assets, and your will should account for how it passes
- Moving to another state
- Death of a beneficiary or executor
- Major changes in assets
Also keep original documents somewhere accessible. A will that no one can locate may not help when it’s actually needed.
When To Get Legal Help
Consider talking to an estate planning lawyer if you have children, own a home, have a blended family, own a business, have significant assets, or expect family conflict.
Simple online forms may work for some situations, but mistakes can be expensive and hard to fix after death. Any will you create must be properly signed and witnessed under your state’s rules, otherwise it may not be valid.
If you’re not sure where to start, see How To Find A Lawyer for guidance on getting affordable legal help.
Frequently Asked Questions
Q: Do I need a will if I’m young and don’t have much money?
Even without significant assets, a will can name a guardian for any children you have, which alone makes it worth having. It also clarifies your wishes for personal property and names who handles your affairs. Without one, state law decides everything by default.
Q: What is the difference between a will and a trust?
A will goes into effect after death and often goes through probate court. A trust can hold assets during your lifetime and pass them after death without probate. Trusts can offer more privacy and flexibility but cost more to set up. Many estate plans use both.
Q: What happens if I die without a will?
Your state’s intestacy laws determine who gets what. Courts generally prioritize spouses and children, then other relatives. An unmarried partner, close friend, or charity would receive nothing. The process can also be slower and more complicated for the people you leave behind.
Q: Do I need a lawyer to make a will?
Not always. Some people use online tools or forms for simple situations. But if you have children, own a home, have complex finances, or want to make sure the document is valid in your state, working with an estate planning lawyer reduces the risk of costly errors.