Why Every New Parent Needs a Will and Guardian Plan
Reviewed by Everendium Editorial Team · Last reviewed August 22, 2026
Quick answer
Without a will naming a guardian, the decision of who raises your children if both parents die is left entirely to a court, which has no way of knowing what you would have actually wanted. A basic will with a named guardian is one of the most consequential documents a new parent can put in place, and it doesn't need to be complicated to be valid and meaningful.
Having a child changes what’s actually at stake in having a will — it’s no longer just about property. It’s about who would raise your children if you couldn’t.
What happens without a named guardian
If both parents die without a will naming a guardian, a court decides — generally trying to act in the child’s best interest, but without any way of knowing what the parents would have actually wanted. See our guide on what happens if you die without a will for how this process works more broadly.
It doesn’t need to be complicated to matter
A basic will naming a guardian is meaningfully better than no plan at all, even if it isn’t the most comprehensive estate plan imaginable. Many new parents delay this step waiting for time to create something more thorough — but something simple in place now protects far more than a more detailed document that never actually gets finished.
Talk to your chosen guardian first
Before naming someone, have the actual conversation with them. Confirming that person is genuinely willing and able to take on this responsibility avoids a painful surprise for everyone involved if the moment ever actually arrived. See our guide on guardianship for minor children for more on how this decision typically works.
You can separate day-to-day care from managing money
Some parents choose one person to actually raise the child and a different person — sometimes a professional trustee — to manage any inheritance on the child’s behalf, if they believe that split better fits their specific family and the people involved.
Revisit the choice as circumstances change
A guardian who made sense when a child was a toddler may not still be the best choice years later — relationships change, life circumstances shift, and a will naming a guardian should be revisited periodically, not treated as a one-time decision made in the newborn haze and never reconsidered again.
An estate attorney can help draft even a basic will efficiently - the goal is having something in place, not necessarily something elaborate.
Frequently asked questions
What actually happens if we don't name a guardian and something happens to both of us?+
A court decides, generally trying to act in the child's best interest - but without your own written designation, that judgment is made by a judge who doesn't know your family, rather than by you.
Does naming a guardian need to be complicated?+
No - a basic will naming a guardian is meaningfully better than no plan at all, even if it isn't the most comprehensive estate plan possible. Something in place now is far more protective than a more thorough document that never gets finished.
Can we name different people for guardianship versus managing money for our child?+
Yes - some parents choose one person to raise the child day-to-day and a different person or professional to manage any inheritance, if they believe that split makes sense for their specific family situation.
Should we talk to the person we want to name first?+
Yes, this is important - confirming someone is actually willing and able to take on this responsibility before naming them avoids a difficult surprise for everyone involved later.
What if our chosen guardian's circumstances change over time?+
A will can and should be updated as circumstances change - a guardian who made sense when a child was a toddler may not still be the best choice years later, so revisiting the choice periodically is worth doing.
Sources
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