State law decides
Without a valid will, a state’s intestacy rules generally determine who inherits. Those rules may not match your relationships or intentions.
Learn the essentials, understand the questions worth asking, and connect with an estate-planning professional when you are ready.



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For many plans, the question is not “will or trust?” A well-considered plan can use a will as a safety net and a trust where ongoing management, privacy, or a more tailored distribution plan is useful.

Name an executor, nominate guardians for minor children, and direct probate assets to the people or causes you choose.
Read the will guide →
A trust can hold property for beneficiaries and spell out how a trustee manages or distributes it under the terms you establish.
Read the trust guide →
Bring your will, trust, powers of attorney, health-care wishes, and other decisions into one coordinated plan.
Use the planning checklist →
Legal, tax, insurance, and financial considerations can overlap. A qualified attorney can help determine when other professionals should be part of the planning process.

A thoughtful plan can help you name the people you trust, care for different generations, and leave clearer instructions during an already difficult time.
Start with plain-language guides to the documents and decisions that may be relevant to you.
Search for an estate-planning attorney near you when you are ready for guidance about your circumstances.
Gather questions, people, and information so you can make the most of your next planning conversation.
Explore practical, attorney-informed topics designed to make your next step easier to understand.
Start with the role a will can play when documenting directions and naming key people.
Explore the topic →Understand the decisions that may matter when property needs stewardship over time.
Explore the topic →Bring the right people, documents, and questions into the conversation.
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The difference is that more of the important choices may be made by default rules, a court, or the practical limits facing the people left behind.
Without a valid will, a state’s intestacy rules generally determine who inherits. Those rules may not match your relationships or intentions.
A court may need to decide who will care for minor children if no legally effective nomination is in place.
Family members may need to locate records, open an estate, satisfy creditors, and make difficult choices with less direction.
Joint ownership, beneficiary designations, and trust-owned property may pass outside a will—sometimes with results that surprise families.
Inheritance, probate, guardianship, creditor, tax, and trust rules differ by state and circumstances. A qualified attorney can explain how the rules apply to you.