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, what money you can recover, and the very first thing to do.
Start free →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.