Answers / Estate basics
ESTATE

Do I need a will and what happens if I don’t have one?

SHORT ANSWER

If you die without a will, state "intestacy" law decides who gets your assets — which may not match your wishes. A will lets you control who inherits and name guardians for children.

Without a will, the state’s intestacy laws distribute your assets according to a fixed formula — usually to spouse and children in set shares — regardless of what you actually wanted. A will lets you decide who inherits, name an executor, and critically, nominate guardians for minor children. It doesn’t have to be complex. If you have any assets, children, or specific wishes, a basic will prevents your estate from being divided by a default rule that may ignore the people and causes you care about.

What to do, in order

  1. List your major assets and who you’d want to inherit them.
  2. Decide who should be executor of your estate.
  3. If you have minor children, choose a guardian.
  4. Create a valid will per your state’s signing/witness rules.
  5. Store it safely and tell your executor where it is.

Common questions

What happens to my kids if I die without a will?

A court decides guardianship without your input. A will lets you nominate the guardian you want, which courts give strong weight to.

Does a will avoid probate?

Not by itself — a will still goes through probate. Tools like living trusts and beneficiary designations can help assets pass outside probate.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.