Do I really need a will if I don't have much property?

Yes, if you have minor children (to name a guardian) or want any say in who gets what — without one, state intestacy law decides, not you.

What's the difference between a will and a living trust?

A will takes effect at death and typically goes through probate. A living trust can manage and transfer property both during your life and after death, generally avoiding probate, but requires actively retitling assets into it to work.

Do I need a lawyer to write a will?

Not strictly, and simple DIY wills work for straightforward situations, but a lawyer is worth it for blended families, business ownership, disabled beneficiaries, or anything beyond a basic estate.

What happens if I die without a will?

State intestacy law determines who inherits, typically following a fixed order of spouse, children, parents, and other relatives — it won't account for unmarried partners or specific wishes.

How often should I update my estate plan?

Review after any major life event — marriage, divorce, a new child, a death in the family, a big move — and otherwise every few years even without a specific trigger.

Will my estate owe estate taxes?

Most estates fall under the federal exemption and owe nothing federally. Check your state separately, since some impose estate or inheritance tax at much lower thresholds than the federal one.

Estate Planning

Legal information last reviewed: July 3, 2026

Estate planning is the set of legal documents that control what happens to your money, property, and medical decisions if you become incapacitated or die. At minimum, most people benefit from a will, and depending on circumstances, a trust, powers of attorney, and a healthcare directive.

The core documents

A will directs who gets your property and can name a guardian for minor children. A durable power of attorney lets someone manage your finances if you can't. A healthcare power of attorney lets someone make medical decisions for you. A living will or advance directive states your own wishes about end-of-life care.

Wills vs. trusts

A will only takes effect at death and generally must go through probate. A revocable living trust can hold property during your lifetime and pass it to beneficiaries without probate, at the cost of more upfront setup and the ongoing task of actually transferring assets into it.

What happens without a plan

Dying without a will means state intestacy law decides who inherits, usually a set order of spouse, children, and other relatives, which may not match what you'd have chosen. Becoming incapacitated without powers of attorney can require a court-supervised guardianship instead.

Beneficiary designations often control anyway

Retirement accounts, life insurance, and payable-on-death bank accounts pass directly to named beneficiaries regardless of what your will says, so those designations need to stay current alongside the will.

When to update your plan

Marriage, divorce, births, the death of a named executor or beneficiary, and major moves, especially across state lines, are all standard triggers to review your documents.

When to hire a lawyer

A basic will and powers of attorney are worth doing even with modest assets. Complexity — a business, a blended family, a special-needs beneficiary, or a trust-based plan — makes an estate planning attorney close to essential rather than optional.

Frequently asked questions

Do I really need a will if I don't have much property?: Yes, if you have minor children (to name a guardian) or want any say in who gets what — without one, state intestacy law decides, not you.
What's the difference between a will and a living trust?: A will takes effect at death and typically goes through probate. A living trust can manage and transfer property both during your life and after death, generally avoiding probate, but requires actively retitling assets into it to work.
Do I need a lawyer to write a will?: Not strictly, and simple DIY wills work for straightforward situations, but a lawyer is worth it for blended families, business ownership, disabled beneficiaries, or anything beyond a basic estate.
What happens if I die without a will?: State intestacy law determines who inherits, typically following a fixed order of spouse, children, parents, and other relatives — it won't account for unmarried partners or specific wishes.
How often should I update my estate plan?: Review after any major life event — marriage, divorce, a new child, a death in the family, a big move — and otherwise every few years even without a specific trigger.
Will my estate owe estate taxes?: Most estates fall under the federal exemption and owe nothing federally. Check your state separately, since some impose estate or inheritance tax at much lower thresholds than the federal one.

Estate Planning laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

Wills & Trusts

The difference between a will and a trust, and how each passes property.

Power of Attorney

Granting someone authority to act for you — financial and healthcare POAs.

Probate & Estates

Settling an estate after death — the probate process and executor duties.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.