“I rent, I’m young, I don’t own much—do I really need a will?” It’s one of the most common questions we get from Brooklyn residents. The honest answer depends on your life, not your net worth. Here’s how to think it through.
If I die without a will, doesn’t the state just sort it out?
It does—but not the way most people expect. Without a will, New York’s intestacy rules under EPTL Article 4 decide who inherits, in a fixed order. Your spouse and children come first; if you have neither, it flows to parents, then siblings, then more distant relatives. The Kings County Surrogate’s Court controls the process, and a long-term partner you never married gets nothing under these rules. If that outcome bothers you, you need a will.
I don’t own a brownstone. Is it still worth it?
Often, yes. Even Brooklyn renters usually have a bank account, a security deposit, a car, retirement savings, or sentimental items. A will lets you say who gets them rather than leaving it to a default formula. Just as important, a will is where you name an executor—the person who deals with the Surrogate’s Court so your family doesn’t have to figure it out during a hard time.
What if I have young kids?
This is the dealbreaker. If you’re a parent in Brooklyn, your will is where you nominate a guardian for your minor children. Without that nomination, a judge decides who raises them, choosing from whoever steps forward. No formula and no default can replace your own choice here—and it’s the number-one reason parents in neighborhoods from Sunset Park to Williamsburg finally get it done.
Don’t my retirement account and life insurance pass automatically?
Some assets do. A 401(k), IRA, or life insurance policy with a named beneficiary passes directly to that person and skips the will entirely. The same goes for joint bank accounts with rights of survivorship. This is exactly why beneficiary forms matter: an outdated form naming an ex can override your wishes no matter what your will says. Review them alongside any will.
Is a will enough, or do I need more?
A will handles who gets what after death, but it does nothing while you’re alive. Two companion documents matter for Brooklyn adults of any age: a power of attorney under General Obligations Law §5-1513, which lets someone manage your finances if you’re incapacitated, and a health care proxy under Public Health Law Article 29-C, which names who makes medical decisions for you. Many people need these even more urgently than a will.
So who can safely skip a will?
Almost no adult truly can, but the need is lower if you have no children, modest assets all held jointly or with beneficiary designations, and you’re comfortable with New York’s default distribution. Even then, the power of attorney and health care proxy are worth having.
A note before you decide
Whether you need a will—and which documents go with it—depends on your specific situation, and this article isn’t legal advice. A New York attorney familiar with Brooklyn estates can tell you in one conversation whether the default rules work for you or whether you should put a plan in writing.
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