All 50 states effectively say the same thing about a client’s planning goals: if they aren’t written down, they didn’t happen. When a client dies or becomes incapacitated without the right documents, state law fills in the blanks. Helping clients understand those defaults is often what finally gets them to act.
Key takeaways
- Estate planning isn’t just for the wealthy. Everyone has people and property that would be affected by death or incapacity.
- Without written documents, state intestacy and guardianship laws decide who inherits, who manages money and who cares for minor children.
- Advisors can encourage clients to complete their core documents with an attorney and make sure beneficiary designations support the plan.
If a client’s wishes aren’t written down, then as far as the state is concerned, they didn’t happen.
“If it isn’t written down, it didn’t happen”
Thriller fans may recognize that line from Tom Clancy’s novels, where Jack Ryan’s wife, a busy physician, writes everything down to keep track of everyone’s commitments. Whole productivity programs have been built around the idea. State legislatures got there first. When it comes to a client’s estate, what isn’t documented doesn’t count.
Who needs estate planning?
Everyone, not just the wealthy. Every client has concerns about what happens to themselves, their survivors and their belongings after death or a serious illness. A young parent needs a guardian named for their children. A retiree needs someone authorized to manage accounts if dementia sets in. A business owner needs a plan for their share of the company.
What the state decides when there’s no plan
- Who inherits: State intestacy rules distribute probate assets by a fixed formula, which may not match the client’s wishes, especially in blended families.
- Who manages the estate: A court appoints an administrator.
- Who raises minor children: A judge chooses the guardian.
- Who handles money and medical care during incapacity: Without a power of attorney and health care directive, family may need a court-supervised guardianship or conservatorship.
For the three documents that prevent these outcomes, see the core estate planning documents every client needs.
How advisors can help
Ask every client whether they have a current will, power of attorney and health care directive, and refer them to an attorney to complete or update them. Then review beneficiary designations on life insurance, annuities and retirement accounts, since those generally pass outside the will. Our article on the beneficiary review walks through that step. Contact us if you’d like help discussing these documents with clients.
Frequently asked questions
What happens if someone dies without a will?
State intestacy laws decide who inherits the person’s probate assets, a court appoints someone to administer the estate, and a judge chooses a guardian for any minor children.
Does life insurance go through probate if there’s no will?
Generally no. Life insurance paid to a named, living beneficiary passes outside the will and probate. If the beneficiary is the estate, or no beneficiary survives, the proceeds may become part of the probate estate.
Do young or middle-income clients need estate planning?
Yes. Anyone with children, property, retirement accounts or people who depend on them benefits from a will, power of attorney and health care directive.
Reviewed by Tim Fuller on 2026-09-26
Tim Fuller
President, SRS Inc.
Tim leads SRS Inc., a full-service IMO (Independent Marketing Organization) and BGA (Brokerage General Agency), connecting independent financial professionals with life, annuity, disability income, and long-term care solutions from 60+ carrier partners.
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