Do I Need A Will?

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Updated August 2026

It is easy to put off making a will. Most of us don’t like thinking about our own death, and we may assume that if something happens to us, our family will know what to do.

But will they?

If you die without a will, state law — not you — generally determines who receives property that is part of your probate estate. And some of the decisions you could have made yourself may instead have to be made by others.

So, do you need a will? Here are some questions to consider.

Do you own things that matter to you?

Do you have jewelry, family heirlooms, musical instruments, collections, vehicles, real estate or other possessions that you would like particular people to receive?

If so, that’s a good reason to consider having a will.

A will can help make your wishes clear instead of leaving your family to guess what you wanted.

Are there people you specifically want — or don’t want — to inherit from you?

State law has its own rules about who inherits when someone dies without a will. Those rules may not match what you would choose.

Perhaps there is a friend, stepchild, charity or other person you want to remember. Or perhaps there are family members you don’t intend to benefit.

A properly prepared estate plan gives you much more control over those decisions.

Do you want state law making the decisions for you?

If you die without a will, you are said to die “intestate.” State intestacy laws then determine who receives property that would otherwise have been distributed under your will.

That doesn’t necessarily mean the government gets your property. It means the state has already written a default plan for you.

Would that plan be the same one you would choose?

If you’re not sure, that’s another good reason to make your own plan.

Do you have children under the age of 18?

If you have minor children, having a will becomes especially important.

A will allows you to nominate the person or people you would want to care for your children if the parents were no longer able to do so.

Ultimately, a court must act in the child’s best interests, but telling the court whom you trust is far better than leaving your wishes unknown.

Think about the people in your life whom you trust to provide your children with a loving home, guidance, education and the values that matter to you.

That’s a decision worth making yourself.

Do you want to drive your spouse and family crazy?

Then don’t make a plan.

Your family can spend an already difficult time asking:

What did he want?

What did she want us to do?

Who was supposed to get this?

Where are the important papers?

Why didn’t we ever talk about this?

Losing someone is difficult enough. Leaving your family without any idea of your wishes can make that time even harder.

A will won’t answer every question, and it isn’t the only part of a complete estate plan. Some assets pass through beneficiary designations, joint ownership, trusts or other arrangements rather than through your will.

But making a will is an important step toward putting your wishes in writing.

Give yourself and the people you love peace of mind. Start making your plan today.

This information is provided for general educational purposes and is not legal advice. Estate and probate laws vary by state, and you should consider consulting a qualified attorney about your individual circumstances.