Most people put off estate planning because they think it's complicated, expensive, or only for wealthy people. None of those things are true. A basic will can be done in an afternoon for a few hundred dollars — and without one, the state decides what happens to everything you own. That outcome is rarely what anyone would have chosen.
What Happens If You Die Without a Will?
Dying without a will is called dying "intestate." When that happens, your state's intestacy laws determine who gets your assets — and the result might surprise you:
- If you're married with kids: your spouse may not get everything — assets may be split between spouse and children, which can create serious problems
- If you're unmarried: your partner gets nothing unless their name is on the asset. Your parents or siblings may inherit everything instead
- If you have young children: a court decides who raises them — not you
- Your assets go through probate court, which is public, slow, and expensive
- Friends, charities, and stepchildren typically get nothing under intestacy laws
What a Basic Will Does
A will is a legal document that specifies:
- Who gets what: Which people or organizations receive your assets
- Who raises your children: You name a guardian for minor children — arguably the most important function of a will for parents
- Who handles your estate: You name an executor (the person who carries out your wishes)
- Specific bequests: Particular items left to particular people ("my 1965 guitar goes to my nephew Marcus")
A will does NOT automatically avoid probate (a living trust does that), but it does ensure your wishes are followed during probate rather than the state's default rules.
What a Will Doesn't Cover
Some assets pass outside a will regardless of what the will says:
- Life insurance: Goes to the named beneficiary on the policy
- Retirement accounts (401k, IRA): Go to the named beneficiary
- Joint tenancy property: Goes automatically to the surviving owner
- Payable-on-death bank accounts: Go to the named beneficiary
This is why keeping beneficiary designations updated is just as important as having a will. A will that says "everything to my wife" is overridden by a retirement account that still names an ex-spouse as beneficiary.
How Much Does a Will Cost?
| Method | Cost | Best For | Limitations |
|---|---|---|---|
| Online will service (Trust & Will, Nolo, LegalZoom) | $100–$200 | Simple situations: married with kids, clear asset distribution | Generic; may miss state-specific issues |
| Estate planning attorney | $300–$1,000+ | Complex situations, blended families, business ownership, large estates | Cost; requires scheduling appointments |
| Legal aid (free) | $0 | Low-income individuals who qualify | Availability varies; may have waitlists |
| Handwritten will (holographic) | $0 | Emergency situations only | Only valid in about 25 states; easily contested |
What Makes a Will Legally Valid?
Requirements vary slightly by state, but a valid will generally must:
- Be in writing (typed or handwritten, depending on state)
- Be signed by the person making the will (the "testator")
- Be witnessed by two adults who are not beneficiaries of the will
- The testator must be at least 18 and of "sound mind"
Some states also allow "self-proving" wills, which include a notarized affidavit from the witnesses — this makes probate faster by eliminating the need to locate witnesses after death.
Should You Have a Trust Instead?
A living trust avoids probate entirely, which saves time and money after death and keeps your affairs private. But trusts cost more to set up ($1,000–$3,000 with an attorney) and require ongoing management — you have to actually transfer your assets into the trust for it to work.
A trust makes sense if you: own real estate in multiple states, have a large estate, want to avoid probate, have a beneficiary with special needs, or want to control when children receive assets.
For most people with straightforward situations — especially under age 50 with modest assets — a will is sufficient to start. You can always upgrade to a trust later.
Five Things to Do Today
- Check the beneficiary designations on your life insurance and retirement accounts — update any that are outdated
- Decide who would raise your children if something happened to you — have that conversation with the person before naming them
- Choose an executor — someone organized, trustworthy, and willing to handle paperwork
- Make a list of your assets and where they are (accounts, property, insurance policies)
- Use an online service or schedule with an attorney — don't wait for the "right time"
Check If You Have a Case
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Go to Lemon Law Checker →Related Guides
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- Lemon Law Handbook — Know all your rights