Getting married changes who inherits from you, but maybe not the way you’d guess. Many people assume their spouse gets everything automatically. Depending on your state, that may not be true, and an old will or beneficiary form can send money to an ex or a parent instead. Here’s what to do this week, what to finish this month, and whether you need wills or a joint trust.
Written by Randy Smith, founder of Family Estate Guide. Randy is not an attorney; this guide follows our editorial standards and links to its sources. We may earn commissions from purchases through affiliate links.
The short answer
After you marry, each of you should make a new will, update the beneficiaries on your life insurance and retirement accounts, and sign powers of attorney and health care directives naming each other. Without a will, your state’s rules decide. Depending on the state, your spouse may have to share your estate with your parents or with children from an earlier relationship.
Engaged or living together? Do this now. In Trust & Will’s 2026 survey, 68% of people in serious or engaged relationships had no estate planning documents, and in general an unmarried partner inherits nothing without them.
Make your wills together, priced for couples.
Trust & Will’s couple plans cover documents for both of you: $299 for wills, or $599 for a joint living trust with backup wills. Each follows your state’s signing rules.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. This page is general information, not legal advice. Complex situations belong with an attorney, and we say so below.
This week: the quick fixes
- Update your beneficiary forms. Life insurance, 401(k)s, IRAs and bank accounts with a payable-on-death name go to whoever is on the form, even if your will says something else. Log in and check each one. Many 401(k) plans must pay your spouse unless your spouse signs a written waiver, but update the form anyway so it’s clear.
- Talk about the big questions. Who gets what if one of you dies? What if you both do? Who would raise any children? Who should make medical decisions?
- Sign health care powers of attorney for each other. Many states let a spouse make medical decisions by default, but a signed form removes doubt. For an engaged or unmarried partner, it may be the only way to have a say.
This month: make the plan
- Make new wills. Each spouse signs their own will. If you made one before the wedding, don’t assume it still works. States handle this differently, and an old will may still leave things to people you’d now leave out.
- Decide on a will or a joint living trust. Many married homeowners use one joint revocable trust. See the section below.
- Add financial powers of attorney so either of you can handle money and bills if the other can’t.
- Know your state’s marriage rules. Nine states treat most property earned during the marriage as owned by both of you (community property, or marital property in Wisconsin). Our state comparison table lists them, and your state will page explains what your spouse gets if there’s no will.
- If either of you has kids from before, a business, or a prenup, talk to a lawyer before you sign anything.
- Store the originals together and tell someone you trust where they are.
Wills or a joint living trust?
Two wills are often enough if you rent or are just starting out, and most of your money sits in accounts with named beneficiaries.
A joint living trust is worth a look if you own a home, own property in more than one state, or want the surviving spouse to avoid probate court. It still comes with a backup will for each of you.
Not sure? Our 5-question will-or-trust quiz gives you a starting point, and the will vs. trust guide explains the trade-offs.
What it costs
| Online (Trust & Will) | With an attorney | |
|---|---|---|
| Will | $199 for one person, $299 for a couple | Several hundred to $1,000+ for a simple will |
| Living trust | $499 for one person, $599 for a couple | $1,500–$3,000 for one person; $2,500–$5,000+ for a couple |
Sources: Trust & Will’s pricing page (individual prices checked October 2, 2026; couple prices from our Trust & Will buying guide, checked September 10, 2026). Attorney ranges are from our will cost guide and living trust cost guide, and they vary a lot by state. Trust & Will includes editing and downloads in a $0/year tier after you buy; the optional Essentials membership is $49/year. Prices can change, so check before you buy.
When to see a lawyer instead
- Either of you has children from an earlier relationship. Making sure your spouse is cared for and your kids still inherit takes careful drafting.
- You signed, or want, a prenuptial agreement. Your will and trust need to match it.
- One of you owns a business, has a large estate, or isn’t a U.S. citizen (different tax rules can apply).
For a first marriage with ordinary assets, many couples do this online. These are the cases where an attorney earns the fee.
Ready to make your plan as a couple?
Pick wills if you mainly need to say who gets what and who raises any kids. Pick a joint living trust if you own a home and want the survivor to skip probate.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. This page is general information, not legal advice. Complex situations belong with an attorney, and we say so below.
Find your state’s rules
What your spouse inherits without a will, and how a will must be signed, depends on your state. Pick yours:
Show all 50 states and DC
- Alabama: will rules · trust cost
- Alaska: will rules · trust cost
- Arizona: will rules · trust cost
- Arkansas: will rules · trust cost
- California: will rules · trust cost
- Colorado: will rules · trust cost
- Connecticut: will rules · trust cost
- Washington, DC: will rules · trust cost
- Delaware: will rules · trust cost
- Florida: will rules · trust cost
- Georgia: will rules · trust cost
- Hawaii: will rules · trust cost
- Idaho: will rules · trust cost
- Illinois: will rules · trust cost
- Indiana: will rules · trust cost
- Iowa: will rules · trust cost
- Kansas: will rules · trust cost
- Kentucky: will rules · trust cost
- Louisiana: will rules · trust cost
- Maine: will rules · trust cost
- Maryland: will rules · trust cost
- Massachusetts: will rules · trust cost
- Michigan: will rules · trust cost
- Minnesota: will rules · trust cost
- Mississippi: will rules · trust cost
- Missouri: will rules · trust cost
- Montana: will rules · trust cost
- Nebraska: will rules · trust cost
- Nevada: will rules · trust cost
- New Hampshire: will rules · trust cost
- New Jersey: will rules · trust cost
- New Mexico: will rules · trust cost
- New York: will rules · trust cost
- North Carolina: will rules · trust cost
- North Dakota: will rules · trust cost
- Ohio: will rules · trust cost
- Oklahoma: will rules · trust cost
- Oregon: will rules · trust cost
- Pennsylvania: will rules · trust cost
- Rhode Island: will rules · trust cost
- South Carolina: will rules · trust cost
- South Dakota: will rules · trust cost
- Tennessee: will rules · trust cost
- Texas: will rules · trust cost
- Utah: will rules · trust cost
- Vermont: will rules · trust cost
- Virginia: will rules · trust cost
- Washington: will rules · trust cost
- West Virginia: will rules · trust cost
- Wisconsin: will rules · trust cost
- Wyoming: will rules · trust cost
Common questions
Do I need a will if I’m married?
Yes. Without one, your state’s rules decide who inherits. Depending on the state, your spouse may share your estate with your parents or with children from an earlier relationship. A will also names a guardian for children and an executor.
Does my spouse automatically get everything?
Not always. It depends on your state and your family. Beneficiary forms and jointly owned property pass outside the will. Check your state’s will page for its rules when there’s no will.
Does getting married cancel my old will?
It depends on the state. Some states give a spouse who was left out of a premarital will a share anyway, and the rest of the old will may still stand. The safe move is to make a new will after you marry.
Should we get one joint living trust or two separate ones?
Many married couples use one joint revocable trust, especially if they own a home together. Separate trusts can make sense with a blended family or separate property. Trust & Will’s couple trust plan is $599.
Can we make one will together?
Each spouse normally signs their own will. A couple plan prepares documents for both of you at once; Trust & Will lists $299 for a couple’s wills.
We’re engaged or living together. Does any of this apply?
Yes, and it matters more. In general, an unmarried partner inherits nothing without a will, trust or beneficiary form, and may not be allowed to make medical decisions without a health care power of attorney. A few states give registered domestic partners some rights.
Other life changes that call for a plan
New baby or adoption
Name a guardian and protect money your kids might inherit.
Read the guide →Just bought a home
Will, living trust or deed: how your house passes to your family.
Read the guide →Moving to a new state
What to review in your will, trust and powers of attorney after a move.
Read the guide →After a diagnosis or health scare
What to do first when time feels short.
Read the guide →Caring for aging parents
How to start the conversation and help your parents plan.
Read the guide →Sources
- Trust & Will, 2026 Estate Planning Report (survey of 5,000 U.S. adults by Talker Research; Trust & Will is the company we earn commissions from, so weigh it with that in mind): 68% of people in serious or engaged relationships have no estate planning documents.
- Caring.com / YouGov, 2025 Wills and Estate Planning Study: 23% of people who updated their plans did so after a birth or marriage.
- Trust & Will, pricing, checked October 2, 2026
- Our guides: Trust & Will buying guide (couple prices), state comparison table (community property states), essential documents
This is general information, not legal advice. Estate planning law is different in every state and changes over time. If your situation is complicated, or you’re unsure whether a document will work for you, talk with an estate planning attorney licensed in your state. Your state or local bar association’s lawyer referral service is a good place to start (the American Bar Association lists them).