Colin Wong
Most adults benefit from having a will, and in a couple of states you can make one before you turn 18. Here is why it matters.
Ever wondered whether you need a will? If you are over 18, it is worth having one.
There’s a common misconception that wills are only for people with significant assets or complicated wishes. But that’s simply not true.
You can put almost anything in a will. You can leave your book collection to a friend who loves reading, give your car to a neighbor who’s always helped you out, or divide what you have among the people who matter most to you. Writing a will is how you make that happen. Without one, you have no say in how your money, assets, or belongings are distributed.
What happens if you die without a will?
If you die without a will, your estate, meaning everything you own, will be distributed according to your state’s intestacy laws. These laws determine who inherits, and the outcome may not reflect your wishes at all.
While the specifics vary by state, the general order of priority typically looks like this:
Spouse - Usually first in line, though the share they receive may depend on whether you have children, including children from a previous relationship.
Children - Biological and legally adopted children are typically next in line.
Parents.
Siblings.
More distant relatives - Such as nieces and nephews, grandparents, aunts and uncles, and cousins.
Here is the part that catches people out. In the US, a partner you are not married to does not inherit anything under these rules, in any state. A few states recognise common law marriage, and unless you qualify there, an unmarried partner receives nothing at all. If you want your partner to have any of what you own, a will is the only way to do it.
If no eligible relative can be identified, your assets may pass to the state government, a process known as escheat.
What if you're under 18?
In most states you have to be 18 to make a valid will. Two states set the bar lower. Georgia allows a will from age 14, and Louisiana from 16.
Elsewhere there are narrower exceptions, and they differ from state to state. Some states allow a will from a minor who is married, or who has been legally emancipated by a court, or who is serving in the military. Joining the armed forces at 17 emancipates you automatically in many places, which is why service members are often the youngest people with wills.
If you’re under 18 and want to make a will, an attorney licensed in your state can tell you whether you are able to.
Taking the next step
You can write or update your 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.
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.