Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026
If you own anything, have kids, or care where your belongings go after you die, a will is how you decide. Without one, your state's intestacy laws pick who inherits, and the outcome may not match your wishes. A basic will is neither complicated nor expensive, and it spares your family stress at a hard time.
Every state has default rules (intestacy laws) for splitting up property when there's no will. Spouses and children usually come first. Unmarried partners, stepchildren, and close friends get nothing by default.
For young parents, this is the biggest reason to have one. Without it, a judge picks who raises your children, and it may not be the person you'd have chosen.
A basic will covering who gets what plus guardianship runs about $300 to $1,000 with a lawyer, or less through a reputable online service. What matters is signing and witnessing it the way your state requires.
Life insurance, retirement accounts, and jointly owned property go to the named beneficiary or co-owner no matter what your will says. Keep those beneficiary designations current and in sync with your will.
Marriage, divorce, a birth, a death, a move to a new state, or a major new asset are all reasons to take another look. An outdated will breeds confusion and disputes.
More on this topic: the Wills & Estates hub
When a person dies without a will and leaves both a spouse and children, this is the portion of the estate the surviving spouse inherits, with the children sharing the rest. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."
General information, not legal advice. Rules change and exceptions apply — confirm the current rule with the cited source for your state.
NotALawyer.com provides general legal information, not legal advice.