In crisis in the U.S.? Call or text 988. Veterans: dial 988, then press 1.

More help and resources

Do I Need a Will?

Planning ahead · 5 min read · First published 2006 · Updated November 2026

A Last Will and Testament document lying on a table
Photo by Melinda Gimpel on Unsplash

This page is general information, not legal advice. Laws differ from state to state, so please talk with an estate planning attorney in your state about your own situation.

It is a common misconception that you do not need a will unless you have substantial assets. That is not true. A will helps make sure that whatever you do have goes to the people you choose. If you die without one, your state's inheritance rules decide who gets what, and your loved ones may have to turn to the courts to sort it out.

Dying without a will can cause problems for the people you leave behind. What happens if two people both want Grandpa's watch to remember him by? If it isn't clearly written down, hurt feelings and family fights can follow. Emotions run high after a death. Taking a little time now to describe how your belongings should be shared is one of the kindest things you can do for your survivors.

****

Do I need a will if I have children?

If you have young children, a will is especially important. A will is the usual place to name a guardian for your minor children in case you are not able to care for them. You do not want a court to decide this for you. Take time now to make your wishes known so you can protect them.

Does a will cover everything I own?

Not always. A will covers what is called your probate property. Some things pass outside a will, such as jointly owned property with survivorship rights, payable-on-death accounts, and life insurance and retirement accounts that name a beneficiary. Whoever is named on those beneficiary forms generally receives the money, even if your will says something different. So check your beneficiary designations on every account and policy, and review them after big life changes such as marriage, divorce, or the birth or death of a family member.

What is a trust, and do I need one?

A trust is a legal arrangement that lets someone you choose (a trustee) manage money or property for the people you name. A revocable living trust is one you can change or cancel during your lifetime. People often use one to avoid probate, to plan for a time when they may not be able to manage their money, or to control when and how a young or vulnerable person receives an inheritance. A trust only works for the property that has been transferred into it, so it takes some follow-through. Not everyone needs a trust, and a lawyer can tell you whether one makes sense for you.

What is a power of attorney?

A financial power of attorney names someone you trust to handle your money and legal matters if you become unable to. A health care power of attorney (also called a health care proxy) names someone to make medical decisions for you if you cannot speak for yourself. Neither one is part of a will, so they are set up separately. See Living Wills page for more on health care documents.

What about my online accounts and digital things?

Your phone, email, photos, social media, subscriptions and online money accounts are part of your estate too. Make a list of your accounts, and keep your passwords somewhere your executor can safely reach, such as in a password manager. Several companies let you name a legacy contact or choose what happens to an account, including Apple, Google and Facebook. Most states have adopted a law that limits what an executor can see in your online accounts, such as email, unless you have given permission, so consider naming a person in charge of your digital accounts in your will or power of attorney. Sharing a login with a family member is not always enough.

What happens to my pets?

Your pets will need a plan too. At the simplest, you can name a person in your will who agrees to care for your pet, after talking with them first. For more control, or to set aside money for your pet's care, you can set up a pet trust. According to the American Bar Association, every state now has a law allowing pet trusts, though the details differ. Choose a caretaker and a backup, and write down your pet's routine, vet and medicines.

How often should I update my will?

Review your plan every few years and after major life events, such as a marriage, divorce, move, new child or grandchild, a death in the family, or a change in your money. Estate planning is not a set-it-and-forget-it task.

Sources

Written by Words to Comfort

↑ Back to top