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FAMILY & MONEY

You Already Have a Will. Your State Wrote It, and You Probably Won't Like What It Says.

If you never wrote your own, default state rules already decide who gets your home, your savings, and even who raises your kids. Here's how to take that decision back, in about an hour.

By Rachel Morgan, Family Finance Writer·October 7, 2026·5 min read
A couple at the kitchen table at night with a laptop

Most people think of a will as something you add to your life one day.

But here's what almost nobody is told: everyone already has one.

If you haven't written your own, your state's default inheritance rules (called "intestacy" laws) step in automatically. They were written by lawmakers who have never met you, and they apply the same formula to every family.

That formula doesn't know who you love, who you trust, or what you promised anyone. And it's in effect today.

Only about 1 in 4 American adults has a will. The rest are living under the version their state wrote for them.

Source: Caring.com 2025 Wills & Estate Planning Study

What your state's will says (in many states)

Rules differ from state to state, but these surprise most families:

Married? Your spouse may not get everything.
In many states, if you have children from another relationship, or no children at all, your spouse may receive only a share. The rest can go to your children or even your parents. Sometimes that means the family home has to be sold.
Living together but not married? Your partner usually gets nothing.
Default rules generally don't recognize unmarried partners. Stepchildren usually aren't included either, no matter how close you are.
Kids under 18? A court picks who manages their money, then hands it all over at 18.
A court-appointed manager handles your child's inheritance under court supervision. When your child turns 18, whatever is left is typically theirs, all at once. And if no guardian is named, a court decides who raises them.

It happens to people who fully meant to do it

In 2020, Black Panther star Chadwick Boseman died at 43. He had been privately living with a serious illness for about four years.

He was loved, successful, and surrounded by people who could have helped. And according to court filings, he still never wrote a will. His wife had to petition the court to be appointed to manage his estate.

It wasn't carelessness. It was the most human thing in the world: "I'll do it when things settle down."

Let's be honest about "one day"

Nobody enjoys this topic. It's uncomfortable, it feels far away, and there's always something more urgent.

So it goes on the "one day" list. Right next to "organize the garage."

You're not alone in that. When Americans without a will were asked why, the #1 answer, by far, was simply: "I just haven't gotten around to it."

And if you're honest, you've probably thought about it more than once. After buying the house. After a baby. After a friend's parent passed and the family spent a year sorting things out.

Each time, you thought: "I really should do that."

We don't know what next year holds. The last few years reminded all of us that life can change overnight, and that the families who had planned ahead had one less thing to carry when it did.

That's not a reason to worry. It's a reason to make sure that if something unexpected happens, your family gets your wishes, not the state's.

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"But I'm not rich enough to need a will"

This is the most common reason people give, and it's backwards.

The state's will applies to everyone: a car, a bank account, a share of a house, family heirlooms, your pets. And for parents, the most important part has nothing to do with money at all: who raises your kids.

Writing your own now takes less than an hour

This is where Legacy Will comes in.

The hard part of a will was never the paper. It's knowing which questions to answer, and in what order, so nothing important gets missed. That's the knowledge you normally pay an attorney hundreds of dollars an hour for.

Legacy Will puts that structure into a step-by-step interview developed with estate planning professionals, and the finished documents are attorney-reviewed. A built-in AI assistant simply keeps you on track: it explains each question in plain English and adjusts the next one to your answers, so a family with stepkids doesn't get the same questions as a single homeowner.

It walks you through:

Who gets what: your home, savings and belongings, in your words
Guardians for your children, plus a backup
Your partner, stepchildren, or anyone the state's rules would leave out
Your executor, pets, and final wishes

Most people finish in 15 to 30 minutes. At the end you get a professionally formatted Last Will & Testament: sign it with a witness following your state's instructions, and it's done.

And because life changes, edits are free for life: a new baby, a new home, a move. No subscription, no renewal fees, no upsells.

See how Legacy Will works
From $99.99 · 30-day money-back guarantee
A green document folder, booklet and checklist on a kitchen table

You don't have to finish it tonight. You just have to start.

Here's the trick that works for people who have postponed this for years:

Stop treating it as a project. Treat it as a decision.

The hard part was never the hour it takes. It was deciding that "one day" is now. So make that decision tonight. Access is instant, so you can start right away and pick it back up the next time you have a quiet half hour (Sunday morning, after the kids are asleep). Then it's done.

That's it. One decision today, one hour this week, and the state's will is replaced by yours.

And something shifts when it's done. Not relief exactly. More like quiet confidence.

You look at your partner, your kids, your home, and you know that whatever happens, they're covered by your decisions, not a formula. You did the thing a responsible parent, partner, and adult does. The thing most people only mean to do.

★★★★★

"Neither of my parents had a will. Sat down with them one Sunday and we knocked out both wills and healthcare directives in one night. My mom said 'that wasn't scary at all.'"

Zach S. · Legacy Will customer
★★★★★

"I transcribed probate hearings for 22 years. Families tearing each other apart over estates with no will. The legal fees alone would make you sick. Legacy Will produces documents that are clear and legally sound. I mean that as a compliment."

MaryBeth N. · Legacy Will customer
ONE LAST THING

If you've read this far, part of you already knows the answer. "One day" has been on your list long enough.

That small voice saying "I should really just do this"? That's the decision. Most people feel it, close the page, and it fades for another year.

You don't have to be one of them. And to make saying yes a little easier, we arranged a special reader price for people who decide today. It's still active as of , and you'll see it on the next page.

Lock it in now. Do your hour whenever it suits you this week. The state's will is in effect today. Yours can be in effect by Sunday.

Make the decision today. Finish it in one quiet hour.
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Advertisement. We may earn a commission from purchases made through this page. This article is general information, not legal advice; rules vary by state. Images are illustrative. Public figures mentioned are not affiliated with any product.

Sources: Caring.com 2025 Wills & Estate Planning Study; Boston College Center for Retirement Research, "Why Do Some People Have a Will But Others Don't?"; FindLaw, "What Happens If I Die Without a Will?"; Alaska Court System, "Surviving Minor Children"; TODAY, "Chadwick Boseman's wife files probate case."

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