Distributing Your Estate as a Single Person

When you make your will with Nolo’s Online Will, one of the key decisions you make will be how to leave your property. In this part of the interview, you specify who gets what after your death. As a single person, your beneficiaries will probably be your loved ones or friends. You can divide your property as you see fit, whether that means leaving it all to one beneficiary or giving specific items to specific people. Or, you may prefer to combine these approaches, leaving most of your assets to one or more beneficiaries and a few unique items to others. In any case, you’ll have the opportunity to choose alternate beneficiaries as well.

Inventorying Your Property: Optional

Before you continue, you may find it helpful to take an inventory of your property. You can make a simple list by hand or on your computer, or you can use our Property Worksheet to help jog your memory. You can type onto it and save it, or print it out and fill it in by hand.

We provide this worksheet as an aide -- to help you think through what property you own. It will not, and should not, be included with your final will document.

Leaving Your Entire Estate

If you choose to leave all the property you own as a whole, you won't need to list each item separately when making your will. You can name any combination of people to receive your entire estate--one person or a group of people. After your death, your entire estate will go to the people you name, in the shares that you determine.

This does not include, of course, property that passes outside your will -- for example, property in a living trust or owned in joint tenancy. (See "Not All Property Passes by Will," below.)

This option may suit you best if you have just one person or a group of special people to whom want to leave your property.

If you have any specific items you want someone else to have, choose one of the other two options.

Leaving Most of Your Property to One or More Beneficiaries, Some to Others

If you want to leave the bulk of the property you own to one or more people but have specific items that you want other people to get, choose this option.

Later in the interview, you will need to specifically list only the items you leave to other people; everything else will pass to your main beneficiaries.

Leaving Your Property Some Other Way

You may divide up your property and leave it to people item by item, or leave a group of items to a certain beneficiary. Each gift you make this way is called a specific bequest. Before you list those specific bequests, you will name someone to get "everything else" in your estate-- that is, all of the property that is left over after the specific gifts are distributed. This person is called your "residuary" beneficiary.

Naming a Trust as Beneficiary

[At this time you cannot name a trust as a beneficiary in Nolo's Online Will.]

Not All Property Passes by Will

Some types of property will pass through your will, but not others. Types of property that commonly pass through a will include real estate such as a house or land, vehicles, bank accounts, and personal items such as household items, family heirlooms, art, jewelry or antiques. However, these types of property will only pass through your will if you have not made other arrangements for them.

Any property for which you have made other arrangements will not pass through your will. For example, these types of property will not pass through your will:

  • property in a trust (living trust, special needs trust)
  • property with a right of survivorship (joint tenancy, tenancy by the entirety, community property with the right of survivorship), and
  • property for which you have already named a beneficiary (TOD deeds or accounts, retirement benefits, life insurance).

To avoid confusion, do not use your will to name beneficiaries for property that will pass outside of your will.