Simple Will and Estate Basics: Free Plain-English Guide with State Intestacy Lookup
Figures and guidance last verified against official sources in July 2026.
Quick Answer
A will directs who receives your assets after death, but does not control accounts with named beneficiaries (like IRAs, 401(k)s, and life insurance) or jointly owned property — those transfer automatically regardless of what your will says. Without a will, state intestacy laws determine who inherits.
Legal Disclaimer: Educational information only, not legal advice. Estate and probate rules vary by state.
What a Will DOES Control
- Solely-owned real estate (without joint tenancy)
- Personal belongings, jewelry, furniture, cars
- Sole bank accounts without POD (Payable on Death)
- Guardianship designations for minor dependents
What a Will DOES NOT Control
- 401(k), IRA, pension accounts (beneficiary forms rule)
- Life insurance policy payouts
- Joint bank accounts or joint property with right of survivorship
- Assets held inside a revocable living trust
State Intestacy Rules Lookup (Dying Without a Will)
Spouse inherits all community property + 50% of separate property if 1 child (or 33% if 2+ children); children share remainder. Small estate threshold: $184,500.
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Frequently Asked Questions
What does a will actually control?
A will controls assets owned solely in your name without designated beneficiaries or joint owners, such as personal property, vehicles, and non-POD bank accounts.
What does a will NOT control?
A will does NOT override beneficiary designations on IRAs, 401(k)s, life insurance, POD/TOD accounts, or real estate held in joint tenancy with right of survivorship.
What happens if I die without a will?
Dying without a valid will means dying "intestate". State intestacy statutes dictate how your assets are distributed among your spouse, children, or relatives.
What is the difference between a will and a living trust?
A will takes effect only after death and must pass through probate court. A revocable living trust takes effect immediately upon creation and bypasses probate court entirely.
Do I need an attorney to write a will?
While self-made statutory wills can be legally binding if properly witnessed and notarized, an estate attorney ensures compliance for complex families or property.
What is probate and can it be avoided?
Probate is the court-supervised legal process of validating a will and distributing assets. It can be avoided using beneficiary designations, TOD accounts, and trusts.
What are beneficiary designations and why are they so important?
Beneficiary designations on financial accounts transfer funds directly to named individuals upon death outside of probate, taking legal priority over instructions written in a will.
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About This Educational Estimate: This tool is for educational purposes only. Seniors Audit uses the official formulas published by Internal Revenue Service (IRS), but results are estimates based on the information you entered. Rules, rates, and eligibility thresholds change annually and vary by individual circumstance.
Always verify your specific result directly with Internal Revenue Service (IRS) at 1-800-829-1040 or at www.irs.gov before making enrollment, coverage, or financial decisions.
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Seniors Audit is independent and not affiliated with any government agency or insurance company. We are not affiliated with, endorsed by, or connected to any government agency, insurance company, or financial services firm. All calculations use the official formulas and current figures published by the agencies listed above. We do not receive payment for referrals, leads, or any action taken by visitors to this site. Last reviewed: July 2026.