Do I need a will?
Lately I’ve been hearing that question a lot, along with many other questions about wills and estate planning.
It’s understandable—wills can feel complicated and even uncomfortable to think about. Most people don’t consider creating one when they’re young, assuming there will be plenty of time later.
Yet a will can protect your assets and make decisions easier for your loved ones after you’re gone. It can also simplify and speed up the probate process compared with dying intestate (without a will).
When a loved one dies, grieving family members remember how much clearer things are when that person left a will: their wishes are spelled out, and no one has to guess what they wanted.
A will tells your family how to handle your finances, real estate, personal belongings, and even pets. For parents, it is especially important because it provides a way to designate guardians and protect children’s futures.
Although planning a will can seem daunting, it’s often easier than people expect. This article explains whether you need a will, what to include, and the most practical ways to create one.
Below are common questions readers asked me. I passed them to Jenny Xia of FreeWill, an estate-planning expert, and her answers appear throughout this post.
- How old should you be to have a will?
- Who needs a will? Do I need one?
- My spouse and I don’t have children. Who should be our executor if we don’t want to burden extended family?
- We don’t have godparent candidates for our kids. What should we do?
- Is a living trust better than a will? What’s the difference?
- Are there situations where you don’t need a will?
- What happens if someone dies without a will?
- Does a will have to be prepared by an attorney? Is an online template and notarization acceptable?
- What steps are involved in creating a will?
About Jenny Xia and FreeWill: Jenny is an experienced entrepreneur and former Bain Capital member who co-founded Paribus. FreeWill is an online platform that helps people create wills, advance healthcare directives, powers of attorney, and revocable living trusts. They’ve assisted over 150,000 Americans with estate planning. This post is not sponsored; I’m sharing their expertise to help you feel more confident about writing a will.
Related content:
- How to check in on your finances with regular money talks
- The Complete Budgeting Guide: How To Create A Budget That Works
- How To Save For Retirement – Answers To 13 Of The Most Common Questions
- What Is Estate Planning?
Do I need a will? Answers to common questions about creating a will
1. How old should you be to have a will?
Around age 30 is a sensible time to start thinking about a will. At that stage many people begin to acquire assets and responsibilities that make having a will helpful. Examples include:
- You’ve accumulated savings or investments.
- You bought your first home or condo.
- You had your first child.
- You own significant digital assets like photos or social media accounts.
- You have a pet and want to name a caretaker. (Note: courts treat pets as property, so you can name a caretaker and leave that person funds to care for the pet.)
2. Who needs a will? Do I need one?
Anyone who owns a home, has children or dependents, pets, digital assets, or items they want to pass to specific people should have a will. A will gives you control over how your estate is handled and can reduce uncertainty and conflict for those you leave behind.
3. My spouse and I don’t have children. Who should be our executor if we don’t want to burden extended family?
If you prefer not to name family, many people choose a close friend they trust. The ideal executor is trustworthy, detail-oriented, organized, good with people, and ideally local—someone who can handle tasks like collecting mail, attending court, and managing an estate sale.
It’s common to appoint a primary beneficiary as executor because they have a vested interest. If you can’t find a suitable friend or family member, you can hire a professional, such as an estate attorney or a bank trust department, to serve as executor.
4. We don’t have godparent candidates for our children. What do you recommend?
Don’t let the search for a perfect guardian prevent you from making a will. Without one, the court and state laws will decide guardianship, and the default choice may not match your preferences.
Choose someone you trust who shares your values and seems likely to raise your children in a way you’d approve. Remember you can change your will as circumstances change. Using an online service typically makes updates quick and inexpensive, while changes through an attorney may incur fees.
5. Who is best to name as executor?
Pick someone you trust who is responsible, organized, good with people, nearby, and willing to take on the role. Discuss it with them ahead of time so they understand the responsibilities and consent to serve.
6. Is a living trust better than a will? What’s the difference?
It depends on your situation. Living trusts are more complex to create and require ongoing maintenance—especially if you continue to acquire property. For younger people or those with modest estates, probate may be fast and inexpensive, making a trust unnecessary.
A living trust can be useful if you have a larger estate, want to avoid probate delays, or live in a state where probate is slow and costly. Trusts can allow beneficiaries to receive assets more quickly, but they require careful setup and management.
7. Are there situations where you don’t need a will?
Yes, but they’re uncommon. If you own very little, have no dependents or pets, and your financial accounts already list beneficiaries, you might not need a will or trust. Even so, not having a will can make it harder for loved ones to receive what you intended.
8. What happens if someone dies without a will?
When someone dies intestate (without a will), their estate goes through intestate probate. Courts must identify heirs and appoint an administrator and guardians for dependents if needed. The process can be lengthy because the court applies state-specific rules to determine who inherits.
9. Does a will have to be prepared by an attorney? Is an online template and notarization acceptable?
No, an attorney is not required. A properly executed online will—printed, signed with any required witnesses, and notarized if your state requires or recommends it—is valid. Many reputable online services have helped hundreds of thousands of people complete legally recognized wills.
10. What are the steps to creating a will?
- Make an inventory of your assets: accounts, property, personal items, and digital assets.
- List the people and organizations you want to include as beneficiaries.
- Choose who could serve as guardians for minors and who would be responsible as executor.
- Use an online platform or an attorney to create your will; many online tools generate a legal document in under 20 minutes when you answer a series of questions.
- Print the document, sign it with the required witnesses, and notarize if needed to complete a valid, legal will.
11. What is FreeWill and why is it free?
FreeWill is an online estate planning platform that helps people prepare wills, trusts, advance healthcare directives, and powers of attorney at no cost. Nonprofit partners fund the service so more Americans can access estate-planning tools for free. The platform also makes it easy—but optional—to leave part of an estate to charity. The average user completes documents in under 20 minutes. FreeWill operates as a social venture and is majority woman-owned.
Do you have a will? Why or why not? Would you be interested in a FreeWill review?