Legal basics

Do I need a will? What happens if you don't have one

Without one, your state decides.

Current as of October 2026. Laws and figures can change — see full disclaimer.

A will says who gets your things and who's in charge of sorting them out. If you don't have one, you haven't avoided those decisions. Your state's default rules make them for you.

What happens without a will

• State law decides who inherits. Usually that's a spouse and children first (in many states they share), then parents, then brothers and sisters. The split varies a lot by state, especially in community-property states and blended families.
• A court picks the person who handles your estate.
• If you have children under 18, a court decides who raises them.
• Unmarried partners, stepchildren and close friends usually get nothing by default.

What a will doesn't cover

Some things pass outside a will: life insurance, retirement accounts, and bank accounts with a named beneficiary, plus anything owned jointly. Those go to whoever is on the form, no matter what the will says.

Who needs one most

• Parents of children under 18
• Anyone who owns a home
• Unmarried couples
• Blended families
• Anyone who wants something to go to a specific person