What does a spouse inherit without a will?

It depends on your state and your family. In many states the surviving spouse shares the estate with the deceased's children or parents rather than taking all of it, and community-property states follow different rules than common-law states. Because there's no single national answer, check your state's intestacy law, or write a will so the question never comes up.

Does my spouse need to be my executor or beneficiary?

No. Many people name their spouse as both, but you're free to choose someone else for either role. A will is where you make that choice explicitly.

We own everything jointly. Do we still need wills?

Yes. Jointly owned property often passes to the surviving co-owner automatically, but plenty of assets aren't held that way, and only a will can name a guardian for your children. Joint ownership is not a substitute for a will.

Do I Need a Will If I'm Married?

There's a common assumption that marriage takes care of this: if something happens, everything just goes to your spouse. It's a comforting idea, and in many states it isn't fully true.

Quick answer: Yes, you still need a will even if you're married. Without one, your state's intestacy law decides who inherits, and in many states a surviving spouse does not automatically receive everything, especially when there are children, and particularly children from another relationship. A will lets you decide who gets what, name a guardian for your kids, and choose who settles your estate, rather than leaving it to a default formula.

Do I Need a Will If I'm Married?

Does my spouse automatically inherit everything if I die without a will?

Why do married couples still need wills?

Do married couples need separate wills?

Frequently asked questions