Colin Wong
Short answer: yes, you probably do. Here's why.
One of the myths we see a lot of is the idea that you only need a will if you are older and wealthy. The truth is that every adult can write a Will no matter their age, and at every one of life's big moments, it’s a good idea to revise it.
'Why?' you might be wondering... Well, the answer may surprise you because it's not about how much you have, but rather about your right to say what happens to everything you have - and everyone in your care - when you pass away.
For parents with kids under 18, it’s the most obvious, that only they should be the ones to decide who looks after them. But it’s the same with anything you own; from your property to your pets, your vinyl collection or your Nana's heirloom earrings. They are yours and you should feel empowered to decide what happens to them after you're gone. If you don't have a Will, your state's rulebook will make those calls for you.
So the question you should be asking isn't "do I own enough to need a Will?" It's "do I want to be the one deciding what happens to what I do own?"
Below we outline what a Will actually does, what happens when there isn't one, and how to tell whether your situation is simple enough to warrant it being done as an online Will.
What does a Will actually do?
At its simplest, a will is the legal document that says who receives your money and belongings after you die. The more nuanced explanation is that it does a handful of specific things like:
It names who gets what. Your beneficiaries are the people (or charities) you want to receive your money and things. A Will lets you name them.
It nominates an executor. That's the person who sorts everything out after you're gone. They gather your assets, pay off any debts, and pass on what's left to your beneficiaries. It's a big responsibility and best done by someone who a) you trust implicitly and b) will take it seriously.
It lets you nominate a guardian for children under 18. When it comes to kids it's always more complicated because a court does make the final decision. However a parent's choice of guardian named in their Will gives the court a clear starting point.
It can cover specific gifts. You can name whomever you want to receive your record collection, your car, your family photo albums. Anything you feel is worthy of naming in your Will, you should.
It can set out who looks after your pets, and leave money to that person to help with the costs.
It can include a gift to a charity if that's your thing.
It can include your wishes for how you want to be laid to rest and remembered. Whether that’s a funeral, a wake, cremation or any spiritual or religious rituals you’d like.
Who needs a Will?
Every adult should have a Will. It keeps your intentions clear so your loved ones can honour your wishes. Some situations make it more pressing than others to write your Will, like the ones listed in the table below.
Your situation | Why a Will matters |
|---|---|
You have kids under 18 | Lets you nominate a guardian and says who should manage anything they inherit until they're older |
You're married | Lets you say what your spouse receives. Without a will, your state decides, and a spouse doesn't always get everything |
You're not married to your long-term partner and in a blended family | A Will is even more important in this situation because without one the rules that apply don't always match how modern families work. A partner you're not married to and their children who you’ve raised are usually left out entirely. |
You have very few assets | It covers all personal items, digital accounts, pets, your choice of executor and any charitable gift |
You own pets | Pets are considered property so listing who will take over their ownership and care happens in your Will. |
You want to leave a gift to charity | Many people would love to make a significant impact on the world through donating to charity. Leaving a gift in your Will - either a stated amount or a percentage - is meaningful way to do it. |
You want a say in how your life is celebrated and you are remembered | Whether you want a funeral, a cremation, a wake or a spiritual ritual, your Will is where you can state what that will be. |
What happens if you don't leave a Will?
Passing away without a valid will is called dying intestate and it can cause a lot of complications for your family whilst they are grieving. Here's what happens when you pass away intestate:
Your estate may still need to go through probate. This is the court process for sorting out what you’ve left behind. A judge appoints someone to manage it, usually called an administrator or personal representative. That's often a close relative, though not necessarily the one you'd have picked as an executor.
Your state's intestacy law decides who inherits what and how much they get. Every state has its own version, and they can vary quite a lot. The general pattern follows biological relations and marriage, so children and a spouse typically come first, then parents, then siblings, and outward from there.
A few consequences are worth being aware of:
An unmarried partner usually gets nothing. When you die without a Will, it doesn’t matter how long you've been together with your partner, intestacy law doesn’t recognise them automatically as a beneficiary. The same goes for a close friend, a stepchild you never legally adopted, or a charity you supported for thirty years. The only time intestacy law wouldn’t apply is if non-biological people close to you are named on other contracts or accounts, like a jointly owned home or a retirement fund account.
A court decides who raises your children. Without a Will a court will look at what's in the child's best interests under the law of your state. Family members can apply, and if more than one does, the court sorts it out. A Will lets you say clearly who you'd want to look after your kids which the court uses as a starting point.
Splits can be awkward. Without a Will, in some states, a person with children from an earlier relationship would have their estate divided between a surviving spouse and those biological children in equal shares. That can mean a family home has to be sold to pay everyone their portion.
One thing intestacy doesn't do, despite what you might have heard, is hand everything to the government. That only happens in rare cases where no living relative can be found at all.
Common reasons why people think they don't need a Will
"I'm too young." Getting older shouldn’t be the reason to write a Will. Having property, possessions and people who depend on you are reasons enough. Most of us already have that from our twenties.
"I'm married, so my spouse gets everything." Sometimes true and sometimes not. This often depends on your state, whether you have children, whether any of them are from a previous relationship, and how your property is owned. Some things pass on without a will and outside intestacy altogether like a home owned jointly, a retirement account with a named beneficiary, or a payable on death bank account. These generally go straight to the other owner or the named person.
"I don't own a house." A will covers everything you own: savings, a car, personal belongings, digital accounts, your pets, and sets the rules for how it all gets divided up and to whom. It also allows you to specify if you’d like to leave a gift to charity. None of that requires owning property.
"My family knows what I want." They might. But a verbal conversation carries no legal weight when money is involved and if it’s not written down the details of that conversation can be forgotten. Writing a Will protects the people you want to leave your belongings to.
"I've named beneficiaries on my accounts." Good move. Accounts with a named beneficiary usually pass straight to that person. But that doesn't cover your other assets, and it can't nominate a guardian for your kids.
What a will can't do
A Will generally doesn't override accounts with already named beneficiaries. If your retirement account names your ex-partner as beneficiary, your will saying otherwise won't change it. It’s better to update the beneficiary on the account itself.
A Will only takes effect after you die. It has nothing to say about what happens if you're alive but unable to make decisions for yourself. That's what a living will and a power of attorney are for, and they're separate documents.
A simple online Will also isn't the right fit for every estate. If you're dealing with a business you need to pass on, a family member with a disability who needs careful provision, property in more than one state, or an estate large enough to face federal or state tax, it’s best to consult an attorney.
Online will or lawyer?
Online Wills like those offered by EveryWill are for people with simple estates. You know who you want to leave things to, your family setup isn't contested, and your assets are the usual mix of savings, a home, a car and personal belongings.
Talk to an attorney licensed in your state when things get complicated. Trusts, tax planning, blended families where you expect friction, a business, special needs provision, or property across state lines all justify professional advice.
If you land in the first group, there's no reason to put it off writing a Will any longer.
Take the next step
You can create or update your last Will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.
Common questions
Do I need a will if I don't own a house? Yes. A will covers your savings, car, personal belongings, digital accounts and pets, and it lets you choose who sorts everything out and who will be the guardian of your kids.
Do I need a will if I'm married? Yes. Spousal inheritance rules vary by state, and a spouse doesn't always receive the entire estate, particularly when there are children involved.
Do I need a will if I don't have children or am not married? Yes. Without one, your state decides which relatives inherit what. A partner you're not married to, a friend or a charity would generally be excluded.
What happens to my money if I die without a will? Your estate typically goes through probate, and state intestacy law determines how your belongings get divided up and which relatives inherit them.
Does my spouse automatically inherit everything? Not always. Many states split an estate between a spouse and children, and the shares depend on your state and your family situation.
Can an unmarried partner inherit if there's no will? Generally no. Intestacy law usually only recognizes spouses and blood relatives.
What happens to my children if I die without naming a guardian? A court decides, based on the child's best interests under state law. A will lets you nominate someone first, which the court uses as a first point of call.
Does having named beneficiaries on my accounts mean I don't need a will? No. They cover only the specific accounts they're attached to, and nothing else you own. They also can't name a guardian for your kids.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.
Sources:
Cornell Legal Information Institute, Intestate (https://www.law.cornell.edu/wex/intestate
Cornell Legal Information Institute, Will https://www.law.cornell.edu/wex/will
Cornell Legal Information Institute, Inheritance https://www.law.cornell.edu/wex/inheritance