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More than half of Americans in their 60s have still not written a will.
A last will is one of the most useful documents you can create, yet it often gets pushed to the bottom of the to-do list. It does not need to be complicated or expensive to be effective. It gives you a direct say in decisions after you that would otherwise be left to state law or a probate court.
Here are the 5 reasons you must create a last will, with a focus on what matters most as you get older.
1. You Decide Who Inherits Your Property
When someone dies without a last will, state law decides who receives their property. This process, known as Intestate Succession, follows a fixed formula. It doesn’t address what you wanted. It simply applies the same rules to every estate without a will, regardless of your relationships or personal wishes.
The formula usually favors a legal spouse and biological or legally adopted children, in shares set by the state. If your family situation looks different from that structure, the outcome can surprise everyone involved. A will lets you set the terms yourself, whether that means leaving specific items to specific people, adjusting how much each child receives, or including someone who would not automatically inherit under state law.
It is also worth clearing up a common myth. Many people put off writing a will because they assume it only matters for large estates or for avoiding federal estate tax. As of 2026, the federal estate tax exemption is $15 million per person, or $30 million for a married couple, so most families will never owe this tax whether or not they have a will. A will is not primarily a tax tool. It is a tool for control, and that applies to estates of any size.
2. You Choose Who Cares for the People Who Depend on You
If you have a minor child, a grandchild in your care, or another dependent who cannot manage their own affairs, a last will lets you name a guardian for them. This is one of the most important functions a last will serves, and few other documents address it as directly.
Without a will, a court decides who takes on that role. Judges generally try to act in the best interest of the child, but the process can take time, and family members may disagree about who is best suited. Naming a guardian in advance removes that uncertainty and gives the people you trust a clear answer instead of a legal dispute.
3. You Name the Person Who Settles Your Estate
A last will lets you appoint an executor, sometimes called a personal representative, to carry out your instructions. This person pays outstanding debts, files final paperwork, and distributes your property according to your wishes. Choosing someone you trust for this role can make the process smoother for everyone involved.
Without a last will, a court appoints an administrator instead, usually following a set order of priority based on your relationship to the deceased. This may or may not be the person you would have chosen. It can also create disagreement if more than one family member believes they are the right choice.
4. You Can Protect People the Law Would Otherwise Leave Out
State intestate succession laws are built around legal spouses and blood or legally adopted relatives. They generally do not account for other important relationships in your life. Without a will, the following people typically receive nothing from your estate, no matter how close you are to them:
- An unmarried partner
- A stepchild you never formally adopted
- A close friend who has supported you for years
- A charity or cause you care about
A last will is the only way to make sure these relationships are recognized. If any of these situations apply to you, writing a will is not optional. It is the only legal way to follow through on your actual wishes.
5. You Can Reduce Stress and Conflict for Your Family
Losing a loved one is difficult enough without added confusion about who receives what. A last will answers the questions that families often disagree over, including who gets specific belongings, how debts are handled, and how remaining property is divided. When these answers are already in writing, there is less room for conflict at an already emotional time.
Estates without a last will typically move through probate more slowly, since the court has to work through state law rather than clear instructions. A will does not guarantee that everything goes smoothly, but it removes many of the open questions that lead to family disputes.
Start Sooner Rather Than Later
A last will is not something you write once and forget. Life changes, and your will should change with it. Marriage, divorce, a new grandchild, a move to a different state, or a shift in your finances are all reasons to review what you have in place.
Each state has its own requirements for signing and witnessing a valid last will. Working with an estate planning attorney is the most reliable way to make sure your will holds up and reflects exactly what you want. Whatever stage of life you are in, creating a will is one of the clearest ways to protect the people who matter most to you.
