What a will does and doesn't do
A will does a few important things. It names an executor, the person who gathers the assets, pays the debts, and distributes what's left. It says who inherits the property that passes through the will. It can leave specific items to specific people — the ring to one daughter, the tools to a son. And it can name a guardian for a minor child or a dependent adult, which is the single most important reason for a younger family to have one.
Here's the part that trips families up: a will only controls what lawyers call probate property. A surprising share of your parents' money is not probate property and passes outside the will entirely, by beneficiary designation or joint ownership:
- Life insurance and retirement accounts — 401(k)s, IRAs, annuities — go to whoever is named as beneficiary on the account. The will doesn't get a say, even if it says something different. If an old 401(k) still names an ex-spouse, that's who gets it.
- Jointly owned property and "payable on death" or "transfer on death" accounts pass straight to the surviving co-owner or the named person, again regardless of the will.
So the will and the beneficiary forms both have a role in the story and for many parents the beneficiary forms move more money than the will does. This topic is covered in more detail on the legacy and charitable planning page; the short version is: pull out the beneficiary designations and check them, because they quietly outrank the will.
What happens if there's no will
Dying without a valid will is called dying "intestate," and it doesn't mean the state takes the money. It means the state's formula, not your parents, decides who gets it, and a judge appoints someone to run the estate. Every state has an intestacy statute that lays out exactly who inherits and in what order, usually spouse and children first, then parents, then more distant relatives.
The catch is that the formula often isn't what people assume, and it varies a lot from state to state. "Everything just goes to my spouse" is frequently wrong. In Massachusetts, for example, if all of your parents' children are also their surviving spouse's children, the spouse does inherit everything, but if either parent has a child from another relationship, the surviving spouse gets only the first $100,000 plus half of the rest, and the children split the remainder. Florida draws the same line in a different place: there, too, the spouse inherits everything when all the children are shared, but the moment either spouse has a child from another relationship, the survivor gets just one-half and the decedent's children get the other half, with no $100,000 cushion at all. A long-married couple in a blended family can be genuinely shocked by either result. Two more things intestacy does that families don't expect: stepchildren who were never legally adopted inherit nothing, and the court, not your parents, appoints both the estate's administrator (who often has to post a paid bond) and, if there are minor children, their guardian.
Do your parents even need a will?
It's a fair question. If your parents' wishes happen to line up with the state's formula — everything to a spouse, or an even split among the kids — then in a simple, first-marriage family in which all the children are shared, intestacy might land in roughly the same place a will would.
But I'd still get the will, for reasons that have less to do with who inherits than with how it goes:
- It's the only place to name a guardian. If anyone still depends on your parents, a will is how they choose who steps in. Without it, a judge decides.
- It names the person you trust to be in charge. With a will, your parents pick the executor. Without one, the court appoints an administrator, who frequently has to post a bond and operate under closer court supervision — more cost, more delay.
- It handles the specific and the sentimental. Intestacy can't honor "my daughter gets the ring" or "leave something to the grandkids." A will can.
So even in the simplest case, a will usually doesn't change who inherits, but it makes everything faster, cheaper, and clearer, and it heads off the fights that ambiguity creates. In most cases, it's worth it.
Ways to actually make one
I always assumed that writing a will meant meeting with a lawyer. That is still what I recommend in most cases, but if your parents have a straightforward situation, an online tool can work fine.
- FreeWill is genuinely free (it's funded by nonprofit organizations) and covers a simple will along with health directives. I have used this one personally. While it covers the main points, it definitely left me wondering whether I had missed something.
- Quicken WillMaker & Trust, from the respected legal publisher Nolo, is do-it-yourself software running roughly $100 to $200, and also produces living trusts and health directives.
- Trust & Will is a polished, guided service with state-specific documents, around $200 for a will, and is often rated the best all-around online option.
Whichever tool your parents use, the will still has to be signed and witnessed exactly the way their state requires. That step is what makes it legally valid, and skipping or fumbling it is where do-it-yourself wills most often fail.
Using a lawyer is highly recommended if your parents' situation is more complicated, for example if they have a blended family, a child with special needs, a family business, real estate in more than one state, an estate large enough to face estate tax, someone they expect to contest the will, or a plan that needs a trust. And honestly, even when your parents could do it themselves, a lawyer often makes the whole thing easier. They ask the questions your parents wouldn't think to ask, make sure the document is executed correctly so it holds up, and line the will up with the beneficiary designations and powers of attorney so nothing contradicts. For a lot of families, that peace of mind is worth a few hundred dollars.
Keeping a will current
A will is not a one-time job. Have your parents revisit it after any big change such as a marriage, a divorce, a death, a new grandchild, a move to another state (signing rules differ), or a real change in what they own. Keep the beneficiary designations on retirement accounts and life insurance updated in the same sitting, since those override the will. Store the signed original somewhere safe and reachable, and make sure the executor knows where it is. A will nobody can find is nearly as much trouble as no will at all.
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