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Myth Busting: “I Don’t Need an Estate Plan Because I’m Single”

How Long Does Probate Take in California?

How Long Does Probate Take in California?

Why Estate Planning Still Matters—Even if You’re Not Married

When people think about estate planning, they often imagine married couples with children, family homes, and shared bank accounts. But here’s a myth we hear all the time—especially from single individuals:

“I don’t need an estate plan because I’m not married.”

This couldn’t be further from the truth. In fact, being single makes estate planning even more important in some ways. Whether you’re widowed, divorced, or have never married, having a comprehensive plan in place ensures that your wishes are honored, your assets are protected, and the people you trust are the ones making decisions on your behalf.

Here’s why single Californians do need an estate plan—and what happens if they don’t. 

  1. No Default “Next of Kin” = Legal Limbo

Unlike married individuals, who often have a spouse automatically empowered to make certain financial and medical decisions, single people have no automatic fallback.

If you become incapacitated and haven’t named someone in a Power of Attorney or Advance Health Care Directive, your loved ones may need to petition the court to appoint a conservator—a potentially lengthy and expensive process that could put decisions in the hands of someone you wouldn’t have chosen – to manage your finances and/or medical decisions. 

  1. California’s Intestacy Laws Might Not Match Your Wishes

If you die without a will or trust in California, your assets are distributed based on the state’s intestacy laws. That could mean everything goes to your parents or siblings—even if you were estranged, or if you’d rather leave assets to close friends, a partner, a charity, or a niece or nephew.

Estate planning ensures you get to decide who inherits your legacy—not the state.

  1. You Can Choose Who Handles Everything

When you create an estate plan, you can name the people you trust to manage your affairs—whether that’s a sibling, best friend, or professional fiduciary. This includes naming:

Without these designations, your loved ones may have to fight for the authority to help—or be shut out entirely. 

  1. Protect Your Digital Life, Pets, and More

Estate planning goes beyond money and property. If you’re single, you may be the only one with access to your online accounts, subscription services, or digital photos. You may also want to name a caretaker for your pets or leave instructions for your social media accounts.
Your estate plan gives you a way to organize and communicate these important details clearly. 

  1. Trusts Can Avoid Probate and Provide Privacy

Even single individuals can benefit from a revocable living trust, especially in California, where the probate process is time-consuming, expensive, and public.

By placing assets into a trust, you ensure a smoother transition of your estate, save your loved ones time and money, and maintain privacy over your personal affairs.

Final Thoughts

At Herbert Law Office, we believe estate planning is for everyone—married or single, young or old, wealthy or just starting out. If you’re single, you owe it to yourself and those who care about you to have a plan in place that reflects your values and protects your future.

Want to learn more about your options? Contact our office at (661) 273-9007 to schedule your FREE consultation. We’ll answer your questions, discuss your legal options and help create a plan that fits your life—now and in the years to come.

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