Do I Really Need a Will If I Don’t Have Kids?

If you don’t have children, it’s easy to assume estate planning can wait. No kids = no urgency… right? Not exactly. Even if you’re single, married without children, or just not planning on becoming a parent, having a will is still one of the simplest ways to protect your money, your property, and the people you care about.

Let’s talk about why.

First: What Happens If You Don’t Have a Will?

If you die without a will in Louisiana, the state decides who inherits your property based on intestate succession laws.

That means:

• You don’t choose who inherits.

• You don’t choose who handles your estate.

• You don’t control timing or logistics.

And sometimes the legal result is very different from what you would have wanted.

Who Inherits If You Don’t Have Kids?

In Louisiana, if you’re married without children, your spouse will often inherit most or all of your estate, depending on your family situation, whether or not you have a prenuptial agreement and the nature of your property, whether it is community or separate. That may be exactly what you want — but without a will, the process is usually more complicated and can involve court oversight, particularly if your surviving spouse and other family members do not get along.

If you’re single without children, your parents will get a usufruct (use and enjoyment) over your estate, while your siblings will get the naked ownership (ultimate ownership once your parents have passed away). If you do not have any living parents, then your siblings will inherit your estate and if you do not have any living siblings, then extended family is next in line to inherit.

But what if:

• You’re closer to a niece than a sibling?

• You want to leave something to a partner you’re not legally married to?

• You want to leave money to a friend?

• You’d like to support a charity?

Without a will, none of those wishes have any effect.

What If You’re in a Long-Term Relationship But Not Married?

In Louisiana, an unmarried partner does not automatically inherit from you. There is no common-law marriage in Louisiana. So even if you have been with your partner for decades, they have no legal right to inherit from you, without a will, meaning your long-time partner will receive nothing, have no authority to handle your affairs and may have to fight extended family in court.

If you want to protect a partner, you need a will (and often additional planning).

It’s Not Just About Who Gets Your Stuff

A will also allows you to:

✔ Choose your executor (the person who handles everything)
✔ Make specific gifts of sentimental items
✔ Simplify the probate process
✔ Reduce family conflict
✔ Create clarity instead of confusion

Even without children, these things matter.

“But I Don’t Have Many Assets…”

You might think: “I rent” or “I don’t have millions” or “I’m still building.” The reality is, everyone has something, a bank account, a car, personal belongings and furniture, real estate or a business. Everyone has an estate and if you don’t decide what happens to it, Louisiana law will.

A Will Is About Control and Peace of Mind

Estate planning isn’t just for parents. It’s for adults.

It’s about:

• Protecting the person you love

• Preventing unnecessary stress for your family

• Making things easier during an already difficult time

Most people feel an incredible sense of relief once it’s done.

The Good News? This Is Simple.

For individuals and couples without children, creating a will is usually straightforward and affordable. It doesn’t have to be complicated. It just has to be intentional.

Ready to Put a Plan in Place?

If you live in Metairie or anywhere in Louisiana and want to make sure your wishes are clear and legally protected, we’re happy to help.

• Schedule a consultation

• Download our free Louisiana Estate Planning Checklist to get started

You may not have kids — but you still deserve a plan.

Legal Disclaimer:
The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this content does not create an attorney-client relationship between you and our firm. Laws change frequently and vary by jurisdiction, so you should not rely on this information as a substitute for legal advice from a qualified attorney licensed in your state. For advice regarding your specific situation, please contact our office directly.