I’m single. Can I still create an estate plan?

Yes, not only can you create you create an estate plan—but you should create an estate plan. You do not have to be married to create an estate plan. In fact, you do not have to have any living relatives in order to create an estate plan. Instead, if you are of sound mind and if you are acting without undue influence from others, then you may be able to create a will and other estate plan documents.

Why You Should Create an Estate Plan

If a married person dies without a will or an estate plan then, in most cases, the majority of his property goes to his spouse. However, if a single person dies without a spouse, without children, without siblings, and without living parents then the distribution of the property is more complicated and will be decided by the State of California.

You can avoid this by creating the estate plan that you want. You can name the individuals or charitable organizations that you want to inherit your property when you die.

Don’t Worry About Your Situation Changing

If at some time in the future you get married, have children, or wish to amend your estate plan to include others then you will be able to modify the estate plan that you create now.

To learn more about creating an estate plan, read our free pamphlet, The Ten Things You Must Know Before Creating (or Amending)Your Will or Trust, and browse the free resources available on our website.


James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm