Is a Simple Will Enough?

When you use the word estate to refer to your stuff, it automatically makes it sound complicated. But just because it sounds complicated doesn’t mean it is. Many people assume their estate is complex because they have a kid—or because they have more than seven dishes in their cupboard.

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But actually, most people don’t have a complex estate, so a simple will is usually enough without any need to hire a lawyer. To help you quickly figure out whether your estate is simple or complicated, let’s walk through some basic criteria.

What Does Simple vs. Complicated Mean in Estate Planning?

The different estate planning tools (like simple wills, complex wills and trusts) are designed to handle different types of estates. If your estate qualifies as simple, it won’t take much to set up a solid estate plan. But if your estate is complicated, you’ll likely need a lawyer’s help to do it right.

Here’s a definition of each estate type:

A simple estate has no special tax considerations and is made up of modest assets with straightforward beneficiaries (the people getting your stuff). It doesn’t require any special conditions on people or property.

A complex estate typically has a net worth over $1 million and requires tax planning. It may also involve beneficiaries who need ongoing care or whose assets need to be distributed gradually.

How to Tell if Your Estate Is Complex

If you’re looking at your stuff and thinking, This looks complicated, but I’m not sure, check out these signs that your estate may be complex. After that, we’ll go through a few examples to help you see how they play out in real life.

6 Signs of a Complicated Estate

Here are some signs that you may have a complicated estate:

1. You own real estate in multiple states.
2. You own a business or partnership.
3. You have a high net worth (at least $1 million).
4. You expect estate taxes to apply (your net worth is at least $13.99 million for individuals or $27.98 million for married couples in 2025).^[1]
5. You have dependents with special needs.
6. You have a blended family (stepchildren or a remarriage).
7. You want to control asset distribution long after death (think trust fund for your kids).

Let’s apply these to some real-life scenarios. Here are a few examples of complicated estates and the signs pointing to that label.

When you add up Damarea’s house and rental property in Orlando, his two Airbnbs in Atlanta, and all his investment and retirement accounts, he’s worth over $7 million. He wants to leave half of his estate to his ex-wife and the rest to his church through a trust fund. Damarea matches signs 1, 2 and 7 in the list above.

Skylar and Daniel have five beautiful children together, and one has Down Syndrome. The only property they own is their single-family house, which is half paid off. Their net worth including savings and Daniel’s 401(k) is $700,000. Even though they aren’t uber-wealthy, Skylar and Daniel still have a complicated estate because signs 5 and 7 apply to them.

Mo is working hard to build a photography and film business with her roommate, tenant and business partner, Jaimie. Right now, the business supports Mo, but she isn’t rolling in the dough. Her net worth is around $400,000 with her condo. If she died, she’d want everything to go to her brother. Mo’s estate is complicated because of her business partnership with Jaimie. Her situation lines up with sign 2 on the list.

What to Do if Your Estate Is Complicated

There’s no need to stress if your own estate seems complicated. Just like the folks in our examples would do (if they were real), you’ll need to consult a lawyer as you make your estate plan. The lawyer will help you decide whether you need a will or a trust or both, which they’ll draw up according to the laws of your state.

A trust is a legal document that allows you to transfer assets into the safekeeping of a third party, who manages them until they’re fully distributed to your beneficiaries. There are a few different kinds, including a living trust and a testamentary trust. On top of distributing your assets, a trust can help you minimize taxes and avoid probate (the legal process that takes place after someone dies).

A lawyer-drafted will can do more than a simple will, which typically just divides and transfers assets equally. With a lawyer's help, your will can address a wide range of scenarios, like dividing a business or creating a trust after you die.

Here’s how the people in our examples above might approach making their estate plan:

Damarea will likely need a trust because he wants to keep control of half the estate and how it’s given to his church. A lawyer can help him decide if he should set up a living trust or testamentary trust. If he goes with a testamentary trust, he’ll also need a will drawn up by a lawyer that calls for the trust to be created immediately after his death. A trust could also allow his beneficiaries to avoid probate, keeping the estate details private among those directly involved.

A lawyer would probably advise Skylar and Daniel to set up a testamentary special needs trust for their child with Down Syndrome. That means they’ll also need a will. A testamentary trust will allow them to keep providing for their special needs child after they’re gone.

Mo doesn’t necessarily need a trust, but a lawyer can help her draw up a will that addresses what happens to the business if she dies—like giving Jaimie the option to buy out Mo’s share and passing the proceeds to her brother—and what happens to the condo and tenancy.

When a Simple Will Is Enough

If the complexity of all that pushed your heart rate up a bit, don’t worry—most people have a simple estate, which means a simple will is enough.

A simple estate looks like:

• Modest assets (a net worth less than $1 million)
• No special tax considerations (if your estate is small, you won’t need to figure out ways to avoid estate taxes)
• Straightforward beneficiaries (you divide your estate cleanly, and there are no special conditions on any people or property)

Here are a couple examples of simple estates:

Shonda is thriving as a marketer for a new cosmetic brand out of Soho. She lives with her Bernedoodle in a rented apartment and doesn’t own a car, but she has a pretty awesome art collection. Her net worth is around $90,000. If she dies any time soon, she wants her dog to go to her sister in Florida and the rest of her belongings and assets to be divided equally among her two siblings and a friend. A simple will should work well for Shonda.

Jon and Betti own a house in a nice neighborhood and have three kids, a dog, a guinea pig and two cars. They’re working on adopting a fourth child from India. Including the partially paid-off house, savings, a few investment accounts and both of their 401(k)s, Jon and Betti’s net worth is just under $650,000. They have a simple estate, so a simple will with a testamentary trust will work for them.

A testamentary trust? Say what?

Yes, you need a testamentary trust if you have kids who are minors. It lets you appoint someone to manage your estate until your kids are old enough to handle it themselves. And a testamentary trust is included with a simple will from some online will makers.

If you’ve decided a simple will is enough for your estate and you’re wondering where to get one, we recommend Mama Bear Legal Forms. Their will package comes with a testamentary trust if you need one, as well as financial and medical power of attorney documents.

It’s not the cheapest online will out there, but we definitely stand behind it being the best. The Mama Bear will maker was designed by attorneys, and your last will and testament will be customized to the laws of your state so you can have peace of mind knowing your wishes will stand up in court.