Do I need a will? A plain FAQ.
Who really needs one, what it does and doesn't control, and when to add more.
If you're a parent of young children, own a home, have specific wishes, or have people in your life the law wouldn't automatically provide for, the answer is almost certainly yes. A will is how you — not a state formula — decide who inherits, who's in charge, and who raises your kids.
What a will controls — and what it doesn't
A will only governs assets that pass through your estate. Life insurance, retirement accounts, and payable-on-death accounts go to whoever you named as beneficiary, no matter what your will says — so a stale beneficiary form silently overrides your will. Jointly owned property and anything in a living trust also pass outside it. Reviewing those designations is part of making a plan that actually works.
When a simple will is enough — and when to add more
For most people, a simple will plus up-to-date beneficiary designations covers it. Consider more — a trust, or an attorney — if you have a blended family, a child with special needs, a business, property in multiple states, or an estate large enough to face estate tax. Those are the situations where a small mistake is expensive, and our builder flags them for professional review rather than guessing.
A will is also just the anchor of a plan. Most people should pair it with a durable power of attorney and a healthcare directive, so someone can act for you if you're alive but unable to — the will only takes effect after death.
Answer five quick questions and we'll tell you whether you need probate and the very first thing to do.
Start →Common questions
No. Those pass to the beneficiary you named on the account, which overrides your will. Keep those designations current so they match your intent.
For most people, yes — paired with current beneficiary designations. Blended families, special-needs heirs, businesses, or large estates are worth an attorney's review.