When you hear “estate planning,” your mind might leap to wealthy families, sprawling trusts, or high-stakes tax strategies. But at its heart, one of the simplest, most foundational estate-planning tools is a will — and regular people often overlook it until it’s too late.
In this article, we’ll explore whether everyone should have a will, weigh the benefits and trade-offs, examine real-world complications, and draw on what money expert Clark Howard and Team Clark have long advised.
What a Will Is (and What It Isn’t)
Before diving into whether everyone needs one, let’s clarify what a will does and doesn’t accomplish.
- A last will and testament is a legal document stating your wishes for how your assets (money, property, personal items) should be distributed after death, who should care for any minor children, and who will administer your estate (executor).
- A will can also include “funeral wishes” or directions, though those are often advisory and may require separate documents.
- A will is different from a living will or advance health directive, which pertain to medical decisions if you become incapacitated.
- A will does not avoid probate (in many jurisdictions), though it may guide it.
- A will also doesn’t necessarily govern everything. Certain assets bypass the will via beneficiary designations — e.g., life insurance, retirement accounts, bank accounts with “payable-on-death” or “transfer-on-death” designations. Clark has repeatedly emphasized that these beneficiary designations often “override” what a will says.
So when you ask, “Does everyone need a will?” the better question is: Which parts of your life and assets are you not comfortable leaving to default legal rules?
Why Clark Howard Says a Will Is Important
Clark often frames the need for a will in emotional, practical, and precautionary terms. Below are several key themes he highlights:
Protecting Children and Naming Guardianship
One of the most compelling reasons for Clark: if you have children, a will lets you name who should raise them, rather than letting the state make that decision by default.
“If you don’t have a will, the state decides who raises your kids. No, no, no. You want to make those decisions. You die without a will? Imagine your state deciding who raises your kids.”
This is especially critical in families with minor children, where the emotional stakes of who becomes guardian are high.
Preventing Messy Fights or Default Rules
Without a will, your estate is distributed under default state intestacy laws. That may lead to results you wouldn’t choose — siblings or distant relatives inheriting, or someone you don’t trust gaining control. Clark warns:
“The most common answer I hear from people is, ‘I don’t have anything. Why would I do a will?’ You want to ensure that your assets stay in the family or are given to the appropriate beneficiaries.”
A will gives you control. Without one, you surrender much of that control to legal defaults.
It Doesn’t Have To Be Expensive — but Complexity Matters
Clark often differentiates between simple estates and complex ones:
- If your assets are modest and your family situation straightforward, an online will service may suffice. Options such as WillMaker, LegalZoom, or free ones like Fabric by Gerber Life or FreeWill.
- For more complicated estates (blended families, large holdings, real estate in multiple states, special needs beneficiaries), Clark warns that you need a lawyer specializing in wills, estates, and trusts — and not “just any” attorney.
- He also notes that a will is just a foundation — other planning tools (trusts, advance directives, powers of attorney) often complement it.
Clark is also cautious about overselling more exotic tools (like trusts) when a well-drafted will may serve a family just fine.
Regular Updates, Not “Set and Forget”
Clark stresses that a will should not be written once and forgotten. Instead, you should review it periodically, especially after major life events: marriage, divorce, birth of children, new assets, or relocation across states.
He suggests checking or updating at least every five years — e.g., at birthdays 35, 40, 45 — or whenever a big change occurs.
What a Will Doesn’t Solve (and What Else You Should Consider)
A will is powerful, but it’s not a silver bullet. Even if everyone should seriously consider a will, you should be aware of its limitations and when you might need supplemental tools.
Asset Types That Bypass the Will
As noted earlier, assets with beneficiary designations don’t go through the will. If your IRA names your spouse or children, that designation trumps what the will says about that particular account. Clark warns that many people forget to update those designations after divorce, remarriage, or births, leading to unintended outcomes.
Probate, Delay, and Public Processes
One common concern: wills typically require probate — the court process that validates the will, settles debts, and distributes property. Probate can be expensive, slow, and public. Some states streamline small estates, but in others, probate can be a burden.
In contrast, certain tools (like trusts) can bypass or reduce probate involvement — but at higher setup and maintenance costs. Clark warns against thinking that a trust is always the better route.
Changes in Law, State to State Variability
The legal validity of a will, probate rules, intestacy laws, and estate tax thresholds all differ by state. Also, laws change. A will written in one state might face hurdles if you move. You might need to revalidate or refile, or even redraft under your new state’s laws. A “one-size-fits-all” will drafted carelessly can end up causing as many problems as none at all.
Other Complementing Documents You’ll Likely Need
Even if a will is a must, you’ll often need other documents in a full estate plan:
- Durable power of attorney (financial) — to appoint someone to make financial or legal decisions if you become incapacitated.
- Advance healthcare directive / living will / medical power of attorney — to state medical treatment wishes and appoint someone to speak for you if unable. Clark’s content emphasizes that you shouldn’t assume your spouse or family can speak for you without these instruments in place.
- Trusts — for privacy, probate avoidance, special-needs planning, or complex estates. But not everyone needs one. Clark cautions that trusts are often oversold.
- “Pour-over” wills — in trust-based plans, a pour-over will captures assets not transferred into the trust.
These extra documents help your estate plan handle life while you’re alive (incapacity) and after death in a more seamless way.
So… Does Everyone Need a Will?
Given all that, the short answer is: Yes, virtually every adult with any financial, familial, or custodial concern should strongly consider having a will. But “need” is contextual. Clark’s core message: don’t let “I don’t have enough to worry about” or “it’s too complex” become your excuse to procrastinate.
“[Your estate plan] shouldn’t leave a mess for people who are grieving.”
How To Get Started — Clark Howard’s Practical Tips
If you decide you should have a will (and you likely should), here’s how to approach it.
Inventory Your Situation
- List all assets: bank accounts, real estate, investments, retirement accounts, business interests, and personal items of sentimental value.
- Note which have beneficiary designations (e.g. 401(k), life insurance).
- Consider your family: children, stepchildren, pets, dependents, and possible guardians.
- Think about your liabilities and debts.
- Note your state of residence and whether you own property in other states.
Decide Whether to DIY (Online) or Hire an Attorney
Clark encourages using online tools if your estate is relatively simple. Common tools he cites include:
- WillMaker
- LegalZoom
- Fabric by Gerber Life
- FreeWill
However, if you have complex legal needs — multiple real estate holdings, family disputes, business ownership, blended families, tax concerns — go to an attorney with a focus on wills, trusts, and estates. Clark warns: “not just any old lawyer.”
Draft Thoughtfully and Validly
- Ensure you follow your state’s rules (witnesses, notarization, signing).
- Be explicit in naming beneficiaries, alternate beneficiaries, guardians, executors, etc.
- Coordinate your will with beneficiary designations (so they don’t conflict).
- Consider a “residuary clause” (e.g., “all remaining assets go to X”) to catch anything you forgot.
- Address debts and taxes as needed (in simple estates, you may rely on default rules; in more complex ones, plan for how taxes will be handled).
- Be cautious with language; avoid ambiguity to reduce future disputes.
Store, Notify, and Review
- Store the will in a secure place (safe deposit box, with an attorney, a trusted location).
- Give copies or at least knowledge to your executor/trusted person.
- Review periodically (e.g., every 3–5 years) or when a major life change occurs (marriage, divorce, birth, death, moving, acquiring assets).
- Update beneficiary designations when life events happen (Clark flags this as a frequent mistake).
Consider Additional Documents
Don’t let the existence of a will lull you into complacency. You may need to add:
- Durable power of attorney (financial)
- Advance healthcare directive / medical power of attorney
- Trust(s), if appropriate
- Pour-over will (if you use a trust)
These documents ensure that if you become incapacitated, your affairs are in order, and after death, your plan works smoothly.
Final Thought
At its core, a will is about control — over who inherits, who cares for your children, and how your wishes are honored. Clark doesn’t frame a will as a luxury; he frames it as a practical protection for families and loved ones:
“If you’re an adult, creating a will should be a priority, especially if you have kids.”
Everyone with adult responsibility (especially those with children or assets) should strongly consider having a will. The complexity of your plan may vary, but the underlying necessity doesn’t. A will is the basic building block of estate planning, and putting one in place now can spare your loved ones legal hassles, uncertainty, and heartache later.
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