HomeMoney & Taxes

Do you actually need a will?

Top 1,000 most asked Money & Taxes

If you have minor children, this is settled: a will is where guardians get named, and without one a judge chooses from whoever petitions. For everyone else the answer is still yes, just less urgent: dying without a will means your state's intestacy statute distributes everything by formula, typically spouse and children in fixed shares, which routinely produces outcomes nobody wanted, unmarried partners inherit nothing, estranged relatives can inherit plenty.

Two facts the estate-planning industry undersells. First, beneficiary designations on retirement accounts, life insurance, and payable-on-death bank accounts override the will entirely, so the highest-value hour in estate planning is updating those forms, especially after a divorce. Second, a basic will is cheap: state-specific software or a flat-fee attorney handles simple situations fine, with a lawyer earning their fee once blended families, real estate in multiple states, or sizable assets appear. Write the simple version now; perfect is the enemy of your kids having a named guardian.

If you have kids, the will is where you name their guardian, so yes, urgently. No will means your state's intestacy formula decides everything, and beneficiary forms on accounts override wills either way.
Where this comes from

Published . Last reviewed . We correct errors and note the change.

Cite this page
Permalink https://frequentlyaskedquestions.us/q/do-i-need-a-will/
APA Everybody Asks. (2026, July 28). Do you actually need a will? https://frequentlyaskedquestions.us/q/do-i-need-a-will/
MLA “Do you actually need a will?” Everybody Asks, 28 July 2026, https://frequentlyaskedquestions.us/q/do-i-need-a-will/.
Chicago “Do you actually need a will?” Everybody Asks. Last modified July 28, 2026. https://frequentlyaskedquestions.us/q/do-i-need-a-will/.

This page summarizes the primary sources listed above. For academic or encyclopedic work, cite those primary sources directly wherever possible.