Do I Need a Will?

Below are the eight reasons that apply to most adults. Treat them as triggers, not a checklist — if even one is true for you, that alone is enough.

1. You have children under 18

2. You own a home

Without a will, your home enters probate — a court-supervised process that typically costs $3,000–$15,000 and runs 6–18 months. Your family can't sell, refinance, or transfer it until probate finishes.

With a will, the home goes where you say. With a living trust, it skips probate entirely.

3. You want to choose who gets what

Without a will, your state's intestacy formula decides — and the formula doesn't know your life. Common surprises:

• An unmarried partner of 15 years inherits nothing
• An estranged sibling can still inherit a share
• Stepchildren you raised get nothing
• A favorite charity gets nothing
• Everything splits 'equally' — even when equal isn't fair

With a will, you write the rules — specific items, percentages, conditions, charitable gifts.

4. You have retirement accounts or life insurance

These accounts pass by beneficiary designation, not by your will — which is exactly the problem. Designations get outdated, and the form on file overrides anything your will says.

Classic disaster: a 401(k) still names an ex-spouse years after a divorce. The ex inherits, no matter what the will says. Sitting down to make a will forces you to review every designation — and that review alone is worth the time.

5. You don't want your family fighting

Families fight after a death — about money, about possessions, about "what they would have wanted." Without a will, there's no referee and no written record.

With a will, the answer is on paper, signed and witnessed. Most estate fights aren't caused by what's in a will — they're caused by the absence of one.

6. You want to choose your executor

Your executor handles everything: bills, taxes, accounts, distribution, probate. Without a will, the court appoints one — and it may not be who you'd choose. With a will, you pick someone organized and trustworthy, plus a backup if your first choice can't serve.

7. You have pets

You can't leave money directly to a pet, but you can name a pet guardian in your will and set aside funds for their care. Without that, your animal goes wherever convenience sends them.

8. You don't want to cost your family thousands in probate

Probate with a will is faster, cheaper, and simpler. Probate without one is slower, more expensive, and usually requires a court-appointed administrator and a bond.

A will can cost $0–$100. Skipping it can cost a family thousands more in legal fees and months of delay.

"But I'm too young / too healthy / too poor / too simple"

These are the four reasons people most often give for not making a will. None of them hold up.

The few people who genuinely don't need one (yet)

We're not going to pretend everyone needs a will today. A small group can reasonably wait — but only if every one of these is true:

Miss any one of those and you're back in the "yes, you need one" group. The day you buy a house, marry, have a child, or start caring about a specific person inheriting a specific thing, this exception stops applying — usually overnight.

When a simple will is enough — and when a lawyer is worth it

If you decided you need one — here's what to do next

For most adults, the choice comes down to two options:

Don't wait if you have kids, own property, or care about a specific person inheriting a specific thing. The cost of putting it off is almost always higher than the cost of doing it.

Want to compare more options first? See our best online will makers ranking, the step-by-step walkthrough, the DIY paths, a printable template, the full cost breakdown, or our will vs. trust comparison.

Frequently asked questions